ML15314A695

FPL-031 - South Florida Water Management District L-31E Withdrawal Emergency Final Order (August 28, 2014)

ML15314A695
Person / Time
Site:	Turkey Point
Issue date:	08/28/2014
From:	Florida Power & Light Co
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-250-LA, 50-251-LA, ASLBP 15-935-02-LA-BD01, RAS 28505
Download: ML15314A695 (92)

Text

BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD No. 2014-078-DAO-WU/ROW/ERP IN RE:

EMERGENCY FINAL ORDER ISSUED TO FLORIDA POWER AND LIGHT FOR

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THE PURPOSE OF AUTHORIZING TEMPORARY PUMP INSTALLATION AND WATER WITHDRAWAL ALONG AND FROM THE L-31 E CANAL SYSTEM; MIAMI-DADE COUNTY, FLORIDA

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The Executive Director of the South Florida Water Management District (District),

pursuant to Sections 120.569 and 373.119(2), Florida Statutes (Fla. Stat.), after considering the recommendations of District staff and being otherwise fully appraised of the matter, issues the following Emergency Order (Order) containing Findings of Fact, Ultimate Facts and Conclusions of Law:

FINDINGS OF FACT

1.

The District is a public corporation of the State of Florida, existing pursuant to Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Florida Administrative Code (Fla. Admin. Code), as a multi-purpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida.

The District has the power and duty to protect Florida's water resources and to administer and enforce the provisions of Chapter 373, 1

FPL-031

Fla. Stat., and the rules promulgated there under, Title 40E, Fla. Admin. Code. The District has jurisdiction over the matters addressed in this Order.

2.

Florida Power and Light (FPL) is a subsidiary of NextEra Energy, Inc. As a regulated utility, FPL is granted an exclusive franchise by the Public Service Commission to provide reliable and cost-effective electric service to customers, including critical infrastructure, within its service territory in Florida.

FPL's service territory covers all or parts of 35 Florida counties and serves approximately nine million customers.

3.

The customers particularly at issue in this matter are those residing in Miami-Dade and Broward counties. In these counties, FPL provides electrical service to two million customer accounts, including critical infrastructure.

4.

FPL owns and operates the electric power generating facility known as the Turkey Point Power Plant (Turkey Point) that is the subject of this emergency authorization request.

5.

Turkey Point is located in unincorporated southeast Miami-Dade County, east of Florida City and the City of Homestead.

The Turkey Point site covers approximately 11,000 acres. Turkey Point is located approximately 25 miles south of Miami and about nine miles east of Florida City.

Properties adjacent to Facility are almost exclusively undeveloped land. Turkey Point is bordered to the east by Biscayne Bay and Card Sound. A Turkey Point location map is attached and incorporated as Exhibit A.

6.

Turkey Point consists of five steam electric generating units: three fossil fuel-fired units (Units 1, 2, and 5) and two nuclear units (Units 3 and 4). Units 1 and 2 2

constructed in the late 1960s each have a continuous generating capacity of approximately 404 megawatts (MW). Operations of units 1 and 2 are on a standby basis and not routinely in service.

Unit 5 has a continuous generating capacity of approximately 1150 MW. Units 3 and 4 each have continuous generating capacity of approximately 820 MW.

7.

Units 3, 4, and 5 are certified under Florida's Power Plant Siting Act (PPSA). Units 1 and 2 pre-date the PPSA and are not certified.

8.

FPL owns and operates a cooling canal system ("CCS"), an approximately 5,900-acre network of unlined canals at Turkey Point, to provide cooling water.

Construction of the CCS was completed in 1973, and the CCS was closed from the surface waters of both Biscayne Bay and Card Sound. The CCS facilities pre-date the PPSA and are not certified. Under routine operations, there are no active surface water inflows utilized to maintain CCS water levels, temperature, or salinity.

9.

The L-31 E Canal system is of particular import to FPL's emergency authorization request. The L-31 E Canal system is part of the Central and Southern Florida Flood Control Project (C & SF Project) for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. As local sponsor, the District operates C&SF Project components, including the L-31 E Canal system and the surface water flow to tide from the associated basins consistent with the guidance provided in the United States Army Corps of Engineers Master Water Control Manual, East Coast Canals, Volume 5.

10.

The L-31 E Canal system is a borrow canal and levee system that stretches north - south both intercepting water as it flows eastward to tide in southeast 3

Dade County and providing storm surge protection. A map depicting the L-31 E Canal system is attached and incorporated as Exhibit B. The L-31 E Canal runs parallel to the South Central Biscayne Bay and across several drainage basins, six of which are named for the associated major east-west canals: Canal 100 (C-100), C-1, C-102, C-1 03, North Canal and Florida City Canal. This canal network and coastal levee system is operated for several C & SF Project purposes, including reducing the potential for flood and storm surge damage as well as limiting saline water intrusion. Water from the L-31 E is discharged to Biscayne Bay at several coastal structures, as depicted on Exhibit B.

11.

Operation of the C & SF Project coastal structure gates in this canal network controls the quantity and timing of water discharged into this portion of Biscayne Bay. Overall, these surface water inflows comprise the largest input of fresh water to Biscayne Bay in this area.

12.

In the 1990's the U.S. Army Corps of Engineers and the District developed the Comprehensive Everglades Restoration Program (CERP) which was approved by Congress in the Water Resources Development Act of 2000 (WRDA 2000).

A component of CERP includes the Biscayne Bay Coastal Wetlands Phase 1 Project.

This project component aims to restore the overland sheetflow in an area of up to 11,000 acres, and to improve the ecology of Biscayne Bay, including its freshwater and saltwater wetlands, nearshore bay habitat, marine nursery habitat, and the oyster reef community.

13.

Implementation of the Biscayne Bay Coastal Wetlands Phase 1 Project will impound and redistribute freshwater runoff from the existing canal discharges into 4

the coastal wetlands adjoining Biscayne Bay to provide a more natural and historical overland flow pattern through existing coastal wetlands and tidal creeks.

This redistribution of freshwater runoff will improve the temporal and spatial distribution of inflows to Biscayne Bay.

14.

The WRDA 2000 requires that water be reserved from allocation as an assurance that each CERP project component will meet its goals and objectives. Water is to be reserved consistent with the objectives and information contained within the Central and Southern Florida Project Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project Phase I Final Integrated Project Implementation Report and Environmental Impact Statement (PIR) and other sources of information.

15.

To this end, the District conducted technical studies identifying water to be reserved for the protection of fish and wildlife within the western near-shore portion of Central Biscayne Bay, engaged in rule development, and adopted the Nearshore Central Biscayne Bay reservation rule and associated implementation rules. (Exhibit C)

The location of the Nearshore Central Biscayne Bay as well as the associated, Project canal system is depicted in Figure 3-1 of the attached and incorporated Exhibit C.

16.

The determination of the amount of water needed for protection of fish and wildlife in the Nearshore Central Biscayne Bay reservation rule is based on meeting a year-round salinity target for the nearshore area of central Biscayne Bay of 20 (practical salinity scale) given in the PIR. More detailed analyses were performed to determine the locations and quantities of surface water for the reservation rules. This information is contained in the District's Technical Document to Support a Water Reservation Rule 5

for the Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project (July 2013).

17.

Rule 40E-10.061, Florida Administrative Code, is the water reservation rule for the Nearshore Central Biscayne Bay.

Pursuant to this rule, surface water flowing into the Nearshore Central Biscayne Bay, as derived from various and listed contributing canal reaches, is reserved from allocation. Figure 3-4A depicts surface water flow from the C-102 + Military+ C-103 Canal through S-21A + S-20G + S-20F into Biscayne Bay during the Wet Season and is the relevant reservation for this Order; the reserved Target Flow to the Bay is 504 acre-ft I day or 254 cubic feet per second (cfs).

18.

On August 27, 2014, FPL requested the District issue an Emergency Order for temporary authorization to utilize the District's right of way and to divert and use water, above that reserved in Rule 40E-10.061, F.A.C., from the L-31 E Canal System to help moderate unusually high temperatures and salinity that are occurring in the CCS. A copy of FPL's request and related correspondence between FPL and the Nuclear Regulatory Commission is attached and incorporated as Composite Exhibit D.

In summary, FPL seeks to divert water that is available, above the water reserved by Rule 40E-1 0.061, F.A.C., which would otherwise be discharged to tide via the S-20F,S-20G and S-21A coastal structures.

District staff reviewed and considered FPL's request, the District's right of way, the infrastructure proposal, historic data, District statutory authorizations and rules, and the potential water availability and provided input to the District's Executive Director.

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19.

In support of their emergency authorization request, FPL provided the following information which is contained in Composite Exhibit D and summarized below:

a.

United States Nuclear Regulatorv Commission (NRC) Operating Licenses for Turkey Point and CCS Temperature Requirements:

Turkey Point Power Plant Units 3 & 4 operate under a license from the Nuclear Regulatory Commission.

The original operating license included a requirement that the maximum allowed CCS water temperature on the intake or inlet side of Units 3 &

4 cannot exceed 1 00°F.

During July 2014, numerous factors contributed to higher than usual inlet temperatures in the CCS that approached 1 00°F. Also, during July-August, intake temperatures approached 102°F.

After analysis, FPL requested and received temporary approval from the NRC to temporarily deviate from the water temperature requirement as is pursued a permanent change to the plant's operating license. In parallel, FPL submitted and received (August 8, 2014) approval for a License Amendment Request (LAR) that permanently increases the CCS intake water temperature limit from 100°F to 104°F.

(Composite Exhibit D) This LAR is conditioned such that if the NRC license limit is exceeded and certain conditions met, both Turkey Point Units 3 and 4 will be required to commence shut down within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> which could impact grid reliability. If Units 3 and 4 were required to shut down, an important piece of FPL's power generation portfolio will not be available to meet the current and anticipated high electricity demand, potentially impacting electrical service to more than 2 million customer accounts in Miami-Dade and Broward Counties, including critical infrastructure.

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b.

CCS Temperatures and Record-Breaking Power Demand: Peak demand for electric generation in south Florida is directly related to high temperatures and humidity which generally occur in the summer and early fall.

Beginning in July 2014, Turkey Point's CCS experienced higher than usual temperatures as well as record breaking electricity demand. By the end of July, CCS Plant intake temperatures exceeded 100°F and have continued to exceed 100°F during afternoon peaks, recently reaching a high of 102°F, as depicted in Composite Exhibit D.

c.

Factors Contributing to CCS Temperatures:

A number of factors are contributing to higher than usual temperatures in the CCS. These factors include: high summer temperatures; significantly less rainfall in the vicinity of Turkey Point, including rainfall at the CCS; elevated salinity; and an algae bloom.

i. Temperature Data: For the Miami-Dade and Broward areas, the average high in September is 89°F and in October it is 86°F.

CCS temperatures exceeded 100°F during July and August, 2014.

ii. Rainfall, Evaporation, Salinity, and Seepage Data:

FPL reports typical annual rainfall at Turkey Point totals range between 50 inches to 75 inches.

Normally, summer rainfall is effective in moderating the CCS water temperature and salinity. In 2013, the annual rainfall accumulation at Turkey Point measured at the CCS was less than 20 inches. As of the end of May, 2014, there had been less than 3 inches of rain at the rain station within the CCS.

Although additional rainfall has occurred in June and July, the 8

overall rainfall remains less than 26 inches at the CCS, compared to 40 inches at the Miami Airport during the same timeframe.

Moreover, FPL data indicates that the high evaporation, averaging 34 MGD, and losses to groundwater, averaging 12 MGD, have resulted in more water leaving the CCS than is being provided from the aquifer or rainfall and ultimately concentrating salinity in the CCS. FPL reports the CCS salinity has reached levels near 90 ppt, compared to historic levels of approximately 60 ppt.

iii. Algae Bloom: FPL indicates the above described conditions have allowed an algal bloom in the CCS to persist and affect Plant operations. The algae concentration, prior to treatments beginning mid-summer, was as high as 1.8 million cells per milliliter, far exceeding the historic average values of 50,000 cells per milliliter.

Recent FPL treatments have reduced the algae concentrations.

However, the turbidity associated with the algae bloom has caused unusual amounts of solar energy to be absorbed in the CCS, thereby increasing CCS temperatures.

FPL reports effective treatment of the algae will require the salinity to be reduced to bring the dead algae out of suspension, which is necessary to reduce CCS temperatures and, thereby, restore the heat exchange capacity of the CCS.

Detailed information concerning the CCS algae bloom are contained in Composite Exhibit D, particularly the correspondence between FPL and the NRC.

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d.

FPL's Request for Temporary, Emergency Water Supply:

In summary, FPL requests an immediate, temporary emergency authorization from the District to allow FPL to access the District's right of way, connect to the L-31 E canal, and conditionally withdraw stormwater from the L-31 E Canal, and convey this water to the CCS with above-ground piping. Composite Exhibit D contains the design details for FPL's request.

FPL's proposed operational plan synchronizes the volumes and rates of its northern and southern pumping operations so as to avert dewatering of wetlands adjacent to the L-31 E canal. A portion of the proposed infrastructure involves temporary installation of pipes across wetlands.

20.

Temporary installation of the pipes within wetlands, as shown in Exhibit D, will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the District.

Based on the design proposed in Exhibit D, FPL's proposed, temporary installation qualifies for an exemption from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

21.

Water levels in the L-31E Canal system, the proposed water supply source, are influenced by the operation of coastal canal structures. Operation of the S-20F, S-20G and S-21A are performed consistent with guidance from the United States Army Corps of Engineers regulation schedule and Master Water Control Manual, East Coast Canals, Volume 5. Under normal operating conditions for April 30 - October 15 the S-20F, S-20G, and S-21A structures are operated in the "high range" meaning discharges to tide are conditionally made when stages upstream of the structure 10

including stages within the L-31 E Canal are 2.2 ft. NGVD or higher and the gates are closed when headwater stages drop to 1.8 ft NGVD.

22.

Operational records of the District show combined average daily flow from the C-1 02, Military, C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 481 cfs during the month of August (1993 -

2013) and 620 cfs for the month of September (1993 - 2013), with daily combined flows ranging from 0 to more than 3,000 cfs during these months.

23.

The combined reserved target flow for structures S-21A, S-20G, and S-20F is 254 cfs suggesting that there is a reasonable expectation that daily flows exceeding the reservation target flows will occur during the months of August and September.

24.

Based on FPL's request and the above-described facts, the Executive Director of the District has considered this matter and finds that an emergency exists and the emergency measures proposed herein are necessary to protect the public health, safety or welfare.

ULTIMATE FACTS AND CONCLUSIONS OF LAW

25.

Section 373.119(2), Fla. Stat., and Rule 28-106.501, Fla. Admin. Code, authorize the Executive Director of the District, in the event of an emergency requiring immediate action to protect the public health, safety or welfare, with the concurrence of the Governing Board, and without prior notice, to issue an order reciting the existence of such an emergency and requiring that such action be taken as deemed necessary.

Section 120.569, Florida

Statutes, also authorizes issuance of emergency authorizations.

Moreover, the District is authorized, in summary, to regulate 11

connections and use of the District's rights of way, use of water, construction of new diversion facilities, initiation of new water uses, diversion and withdrawal facilities pursuant to a variety of statutes. (e.g.: §§373.083, 373.085, 373.086, 373.1501, 373.171, 373.219, Florida Statutes)

The proposed activities are exempt from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

26.

As to right of way matters, Rules 40E-6.451 and 40E-6.481, Fla. Admin.

Code, further provide an emergency exists when immediate action is necessary to protect lives or property.

27.

Pursuant to statutory authorizations, FPL's request and supporting documents, and the facts described herein, the Executive Director finds that an emergency exists requiring immediate action necessary to protect the public health, safety, or welfare. The Executive Director also finds the wetland impacts identified in Exhibit D and authorized by this Order qualify for a Section 373.406(6), Fla. Stat.,

exemption.

28.

The action authorized by this Emergency Order is appropriate to address this emergency situation.

29.

The L-31 E Canal system is part of the C&SF Project for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. Pursuant to Sections 373.085 and 373.086, Fla. Stat., the District is authorized to operate the C&SF Project, including the S-20 Structure and the L-31 E Canal system.

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ORDER Based upon the Findings of Fact, Ultimate Facts and Conclusions of Law, the Executive Director orders FPL is authorized to undertake the following, temporary actions in accordance with the conditions stated herein:

30.

Temporary Utilization of District Right of Way:

a.

Authorized Facilities and Installation: FPL is authorized to install the infrastructure depicted in Exhibit Don the District's L-31 E Canal right of way.

The design details, including facility description and location, authorized by this Order are contained in the attached and incorporated Exhibit D. To the extent the information contained in Exhibit D conflicts with the terms and conditions of this Emergency Order, this Emergency Order shall control. FPL shall install, operate, and maintain the temporary withdrawal facilities and associated equipment in accordance with this Order.

Any deviations from the design schematics identified in Exhibit D shall be presented to the District for approval prior to installation of the modified design. These facilities are temporarily authorized for the purpose of diverting and use water from the L-31 E Canal system to help meet its cooling water needs pursuant to the following conditions.

b.

Right of Way Installation Conditions:

i.

Installation Coordination:

Prior to commencement of construction or utilization of the District's right of way and, again, upon completion of the installation of the authorized facilities, FPL is required to contact the District's Field Representative, Mike Worley of the District's Homestead Field Station, (954)410-7383, and schedule a pre-construction 13

meeting and final inspection.

The District's Homestead Field Station Superintendent is authorized to make field changes to installations or operations described herein to better achieve the District's objectives; such changes shall be subsequently documented in writing and communicated by the District to FPL.

ii.

Site Security:

The pumps at both the north and south pumping sites shall be manned continuously throughout the entire time the pumps are deployed pursuant to this Order. The south pumping site shall be manned by a pump operator provided by the pump manufacturer.

iii.

Right of Way Conditions: FPL is required to comply with all Right of Way conditions contained in the body of this Order and attached and incorporated Exhibit E.

31.

Temporary Water Withdrawal Authorization:

a.

Authorization to Withdraw and Use Water. if available. from the L-31 E Canal System:

i.

Water Availability Restriction:

FPL is prohibited from withdrawing and using water from the L-31 E Canal system that is reserved for fish and wildlife by Rule 40E-10.061, F.A.C., for the Nearshore Central Biscayne Bay.

The only water available for the purpose of this Order is that water which would otherwise be discharged to tide from either the S-20F, S-20G, and S-21A structures and is in excess of the flows reserved for protection of fish and wildlife in Rule 40E-1 0.061, F.A.C. This available surface water may, temporarily, be withdrawn and used within FPL's 14

cooling canal system in accordance with the conditions as set forth herein.

There are no assurances provided by this Order that water will be available for FPL's withdrawal and use on any given day.

ii.

District's Daily Determination of Water Availability and FPL Pump Operation:

On a daily basis, the District will determine the amount and timing that FPL may operate the pumps and facilities authorized herein to withdraw water from the L-31 E Canal system. Only when the combined flows to tide through coastal structures S-20F, S-20G, and S-21A exceed 254 cfs will the District determine the amount and timing water available for a FPL pump operation.

The rate and volume of a potential FPL withdrawal, if any, shall be determined by the District, no later than 10:00 a.m., each day and for the duration of this Order. The District's daily determination of water availability shall cover a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period and last until no later than 9:59 a.m. the next day. In the event the District does not provide any written direction to FPL in accordance with this paragraph, then FPL shall cease all pumping until further notice.

iii.

Communication of Water Availability Determination: The District's Operation Control Center will communicate its daily water availability determination to FPL by e-mail, to the FPL's designated contact(s):

Matthew Raffenberg, or his

designee, at Matthew.Raffenberg@fpl.com. The District's Operation Control Center may be contacted 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, 7 days a week at:

561-682-6116 and 15

occ@sfwmd.gov. FPL may not commence any daily withdrawal operations prior to this District communication confirming water availability.

iv.

Monitoring and Reporting: FPL shall monitor and report the amount of water diverted from the L-31 E Canal system to its cooling canal system.

When FPL withdraws water, then FPL must generate a daily report including the following detailed information:

(1) the water availability determination for each day as provided by the District's Operational Control Center, (2) identification of which pump(s) were used over the course of the day; (3) time on and time off, per pump; (4) RPM setting, per pump, if variable; (5) calculated volume of water pumped, per pump; and (6) cumulative log flows at each pump station. In addition, the report shall include hourly stage data for the L-31 E Canal measured at TPSW-1 and TPSW-2 for the weekly reporting period, whether or not the pumps operated. Water quality grab samples consisting of conductivity, turbidity, total kjedahl nitrogen, nitrate nitrite as N, phosphorus, ortho phosphorus,

ammonia, and TRPH (total recoverable peteroleum hydrocarbons, also known as Florida Petroleum Residual Organic or "FL-PRO") shall be collected prior to initiation of pumping pursuant to this Order and once a week thereafter for the duration of this Order. These samples shall be collected at TPSW-1 and TPSW-2. FPL shall make the sampling logs and lab reports available upon request. The report shall reference this Order and be submitted by noon, Tuesday of each week for all withdrawals occurring during the preceding week. (The preceding week 16

reporting period is considered Monday at 1:00 a.m. through Sunday midnight.) The report shall be e-mailed to both the District's Assistant Executive Director, Len Lindahl at llindahl@sfwmd.gov and Terrie Bates, Division Director -

Water Resources, at tbates@sfwmd.gov.

Upon Executive review of the weekly report, conference calls may be required.

Additionally, the District may request available monitoring data at any time and FPL shall provide the same within two hours of the District's request.

v.

Special Pump Station Criteria:

(a)

The District may require FPL to terminate pumping at any time.

Upon receipt of any oral or written request from the District to terminate pumping, FPL must cease pumping within two (2) hours.

(b)

FPL shall wirelessly coordinate the pumping at both stations to assure that, from a non-flow condition, the north station pumps shall be started first.

The south station pumps shall be started within 5 minutes of the north station pumps start, with an equivalent flow. Similarly, when pump operation ceases, the south station pumps shall cease first and the north station pumps shall cease within 5 minutes.

vi.

Pump Requirements:

(a)

Pump On I Off Switches:

Each pump authorized pursuant to this Order shall be equipped with an operable, 17

remote pump operational device prior to initiating pump operations.

(b)

Pump discharge curves:

Pump discharge curves used in determining rates of discharge while pumps are operating, as deployed in the field, shall be provided to the District prior to pump operation for the purpose of calculating flow rates and volumes.

(c)

Totalizing Hour Meters:

FPL shall install totalizing hour meters at each pump authorized by this Order and such meters shall be available for periodic District inspection and verification.

32.

Section 373.406(6), F.S., Exemption Conditions:

a.

No permanent fill shall be placed in the wetland area described in Exhibit D.

b.

All activities which qualify for the subject exemption shall be conducted and operated using appropriate best management practices and in a manner which does not cause a violation of water quality standards, pursuant to Chapter 62-302, Florida Administrative Code.

c.

The District's determination that the proposed temporary placement of pipes, pumps, and associated infrastructure qualifies as an exempt activity may be revoked if the installation is substantially modified from that described in Exhibit D, if the basis for the exemption is determined to be materially incorrect, or if the installation results in violation of state water quality standards.

Any 18

changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore, FPL is advised to contact the District before beginning any work in wetlands or surface waters which is not specifically described in Exhibit D.

d.

Upon termination of this Order, all pipes, mats, other materials and equipment shall immediately be removed from the wetland to allow the wetland vegetation to recover.

33.

Immediate Facility Removal and Reinstallation:

a.

Prior to a Storm Event: FPL shall remove the temporary withdrawal facilities authorized by this Order located within the District's right of way within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of notice from the District. The temporary withdrawal facilities should be maintained and secured so as to not impede the District's ability to make flood control releases in advance of a storm event.

b.

After a Severe Storm Event: FPL shall notify the District of its intent to reinstall the temporary withdrawal facilities in the District's right-of-way at least three (3) business days before such reinstallation is scheduled to occur.

34.

All documents, plans, and reports required by this Order shall be submitted to Len Lindahl via email at llindahl@sfwmd.gov and Terrie Bates via email at tbates@sfwmd.gov.

35.

Miscellaneous Conditions:

a.

This Order authorizes FPL to take actions under Chapter 373, Fla.

Stat., as provided herein. This Order does not relieve FPL from the requirements to obtain any other federal, state, or local authorizations.

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b.

This Order does not constitute a water use or right-of-way permit or grant any legal right to water as set forth in Chapter 373 Fla. Stat., and associated District rules and regulations over the water intercepted and stored under this Order.

c.

This Order does not convey any property right to FPL, nor any rights and privileges other than those specified in this Order. This Order shall not be construed as an abandonment or any other such impairment or disposition of the District's property rights.

d.

This Order shall not be construed as a substitute for, or waiver of, any right-of-way, surface water management, water use, or other permits required of FPL under the District's rules and regulations.

e.

FPL shall insure that harmful impacts to the water resources, off-site land uses, or existing legal uses of water do not occur as a result of this Order. In the event such harmful impacts result from actions authorized by this Order, FPL shall implement all actions, as directed by the District, to cease such harmful impacts and, if necessary, to mitigate such impacts. Failure to comply with this requirement shall be considered a violation of this Order.

f.

Failure to comply with the terms of this Order shall constitute a violation of a District Order under Chapter 373, Fla. Stat., and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

g.

The District reserves the right to initiate appropriate legal action, to impose civil penalties, and collect attorney's fees and costs to enforce the terms of this Order.

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h.

This Order may be modified or amended at any time, as appropriate for the protection of the public health, safety, and welfare and the water resources of south Florida by the Governing Board, Executive Director, or Executive Director's designee.

i.

The Executive Director or Executive Director's designee may require FPL to remove all or part of the authorized facilities and cease withdrawal and I or use activities under this Order at any time.

j.

The District's immunity from liability under Section 373.443, Florida Statutes, for any damages that might result from the activities authorized under this Order, shall not be diminished by the terms of this Order, or any activities taken pursuant to this Order.

k.

Failure to comply with the conditions contained within this Order shall constitute a violation of a District Order under Chapter 373, Florida Statutes, and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

I.

If the District petitions or sues for enforcement of the terms of this Order, the District reserves the right to initiate appropriate legal action, to impose civil penalties and collect attorney's fees and costs.

36.

Termination: This Order shall terminate on the earliest of: (1) failure to receive Governing Board concurrence at their next regularly scheduled meeting, (2)

October 15, 2014, or (3) at any time upon written notice from the District's Executive Director or the Executive Director's designee.

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37.

Required Facility Removal: Within 30 days of termination of this Order, FPL shall remove all temporary withdrawal facilities and associated infrastructure authorized by this Order, including the pipes buried under 3441h Avenue. Moreover, FPL shall properly restore the right-of-way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the temporary withdrawal facilities and associated infrastructure authorized by this Order and associated equipment and FPL shall be responsible for all removal and restoration costs.

38.

A Notice of Rights attached hereto as Exhibit F.

39.

This Order shall take effect upon execution by the Executive Director of the District and shall expire as provided herein. This Order is subject to the Governing Board's concurrence at its next regularly scheduled Governing Board meeting.

DONE AND SO ORDERED in West Palm Beach, Florida, on this 28th day of August, 2014.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT By its Executive Director

---~~~~

Blake C. Guillory,_£:::~

Executive Director Legal Form Approved:

~*fl.-~~ lf~~

Elizabeth D. Ross, Esq.

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4 EXHIBIT A H

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Rules of the South Florida Water Management District Water Reservations CHAPTER 40E-10, F.A.C.

Effective: July 16, 2014 EXHIBIT C

Chapter 40E-10 Water Reservations Effective: 7/16/2014 1

CHAPTER 40E-10 WATER RESERVATIONS 40E-10.011 Policy and Purpose 40E-10.021 Definitions 40E-10.031 Water Reservations Implementation 40E-10.041 Water Reservation Areas: Lower West Coast Planning Area 40E-10.051 Water Reservation Areas: Upper East Coast Planning Area 40E-10.011 Policy and Purpose.

The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations are implemented in the water use program pursuant to Chapter 40E-2, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 7-14-14.

40E-10.021 Definitions.

(1) Fakahatchee Estuary - The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary.

(2) Picayune Strand - The area located southwest of the Florida Panther National Wildlife Refuge, north of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fakahatchee Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.

(3) North Fork of the St. Lucie River - The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, y1116105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41) as depicted in Appendix 2, Figure 2-1.

(4) Nearshore Central Biscayne Bay - The area within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to north of Turkey Point as depicted in Figure 3-1.

(5) Caloosahatchee River - The surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay, as defined in subsection 40E-8.021(2), F.A.C.

(6) Caloosahatchee River (C-43) West Basin Storage Reservoir - A reservoir located in Hendry County, Florida, west of the City of LaBelle on the east side of the Townsend Canal and south of SR 80 as described in Appendix 1-12, and depicted in Figure 1-13 (also known as the C-43 Reservoir).

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14.

40E-10.031 Water Reservations Implementation.

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.301, F.A.C., and Section 3.11 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rules 40E-2.091, F.A.C., are met.

(2) Water reserved for the protection of fish and wildlife contained within the Picayune Strand and Fakahatchee Estuary is defined in subsections 40E-10.041(1)-(2), F.A.C.

(3) Water reserved for the protection of fish and wildlife contained within the North Fork of the St. Lucie River is defined in subsection 40E-10.051(1), F.A.C.

(4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne Bay is defined in subsections 40E-10.061(1)-(2), F.A.C.

(5) Water reserved for the protection of fish and wildlife contained within and released, via operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is defined in subsection 40E-10.041(3), F.A.C.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 2

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-14-14, 7-16-14.

40E-10.041 Water Reservation Areas: Lower West Coast Planning Area.

(1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.:

(a) Surface waters:

1. All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1).

2. All surface water flowing into the Picayune Strand identified below is reserved from allocation:

i. The surface water flows depicted on Figures 1-4.A, B, and C, simulated at weir Miller2 within the Miller Canal (see Figure 1-2);

ii. The surface water flows depicted on Figures 1-5.A, B, and C, simulated at weir FU3 within the Faka Union Canal (see Figure 1-2); and iii. The surface water flows depicted on Figures 1-6.A, B, and C simulated at spillway Lucky LA within the Merritt Canal (see Figure 1-2).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Picayune Strand is reserved from allocation.

Notwithstanding the above, presently existing legal uses for the duration of the permit existing on July 2, 2009 are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S.

(2) Fakahatchee Estuary as defined in subsection 40E-10.021(1), F.A.C.:

(a) Surface waters:

The surface water flows into the Fakahatchee Estuary identified below are reserved from allocation:

1. The surface water flows depicted on Figures 1-7.A, B, and C simulated at Faka Union Canal at structure FU1 (See Figure 1-3);

2. The surface water flows depicted on Figures 1-8.A, B, and C simulated at Miller@41 transect (beginning at coordinate 471365.13N, 599423.29 E Southeast to 479226.67N, 595105.77E (delivering surface water to Blackwater Bay and Buttonwood Bay) see Figure 1-3);

3. The surface water flows depicted on Figures 1-9.A, B, and C simulated at FU@41 transect (beginning at coordinate 480427.89N, 595005.67E Southeast to 487735.34N, 592478.09E (delivering surface water to Pumpkin Bay) see Figure 1-3);

4. The surface water flows depicted on Figures 1-10.A, B, and C simulated at Merritt@41 transect (beginning at coordinate 490942.49N, 593218.49E flowing Southeast to 499050.54N, 590515.81E (delivering surface water to Faka Union Bay) see Figure 1-3); and

5. The surface water flows depicted on Figures 1-11.A, B, and C simulated at Fakahatchee@41 transect (beginning at coordinate 498623.81N, 587955.37E Southeast to 533587.95N, 575807.53E (delivering surface water to Fakahatchee Bay) see Figure 1-3).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Fakahatchee Estuary is reserved from allocation.

Notwithstanding the above, presently existing legal uses for the duration of the permit existing on July 2, 2009 are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S. Reservations contained in this subparagraphs 1. and 2. above shall be reviewed in light of changed conditions or new information by December 31, 2014.

(3) Caloosahatchee River (C-43) West Basin Storage Reservoir:

(a) All surface water contained within and released, via operation, from the Caloosahatchee River (C-43) West Basin Storage Reservoir is reserved from allocation.

(b) The water reserved under this subsection will be available for fish and wildlife upon a formal determination of the Governing Board, pursuant to state and federal law, that the Caloosahatchee River (C-43) West Basin Storage Reservoir is operational.

(c) The reservation contained in this subsection and the criteria contained in Section 3.11.4 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to subsection 373.223(4), F.S., in light of changed conditions or new information and prior to the approval described in paragraph (3)(b) above.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 3

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14.

40E-10.051 Water Reservation Areas: Upper East Coast Planning Area.

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.:

Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 2, Figure 2-2; are reserved from allocation. The water reserved under this Rule will be available for fish and wildlife upon formal determination of the Governing Board, pursuant to state and federal law, that any one or all of the Comprehensive Everglades Restoration Plans C-23/C-24 North and South Reservoirs and STA Project are operational.

Reservations contained in this Rule and the criteria contained in section 3.11.2 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and concurrent with the approval specified, above.

Notwithstanding the above, presently existing legal uses for the duration of a permit existing on March 18, 2010 are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New-3-18-10, Amended 7-21-13, 7-14-14.

40E-10.061 Water Reservation Areas: Lower East Coast Planning Area.

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.:

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1).

(2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is reserved from allocation:

(a) Surface water flows depicted on Figures 3-2.A and 3-2.B through S-123 derived from the following contributing canal reaches:

1. The C-100A canal upstream of S-123 to S-120 including all integrated conveyance canals.

2. The C-100C canal upstream of S-123 to S-119 including all integrated conveyance canals.

3. The C-100B canal upstream of S-123 to S-122 including all integrated conveyance canals.

4. The C-100 canal upstream of S-123 to S-118 including all integrated conveyance canals.

(b) Surface water flows depicted on Figures 3-3.A and 3-3.B through S-21 derived from the following contributing canal reaches:

1. The L-31E borrow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream of S-21 to S-122 and S-149 including all integrated conveyance canals.

3. The C-1 canal upstream of S-21 to the C-1W canal and S-338 including all integrated conveyance canals.

(c) Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A, S-20G, and S-20F as derived from the following contributing canal reaches:

1. The C-102 canal connecting to the C-102 N canal upstream of S-21A to S-195.

2. The C-102 canal upstream of S-21A to S-165

3. The L-31E borrow canal upstream of S-21A to its terminus near S-21 including the Goulds Canal.

4. The L-31E borrow canal upstream of S-21A south to S-20G.

5. The Military canal upstream of S-20G.

6. The C-103 canal upstream of S-20F to S-179.

7. The L-31E borrow canal upstream of S-20F to S-20G including all integrated conveyance canals.

8. The L-31E borrow canal from S-20F south to the North Canal.

9. The North Canal.

10. The L-31E borrow canal from S-20F south to the Florida City Canal.

11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E borrow canal.

Notwithstanding the above, presently existing legal uses for the duration of a permit existing on July 18, 2013, are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

Reservations contained in the section shall be reviewed in light of changed conditions or new information.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 4

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-21-13.

APPENDIX 1 LOWER WEST COAST PLANNING AREA 1-1 LEGAL DESCRIPTION OF PICAYUNE STRAND AS DEFINED IN SUBSECTION 40E-10.021(1), F.A.C.

A tract of land in Townships 50, 51 and 52 South, Ranges 27 and 28 East, Collier County, Florida, more particularly described as follows:

Beginning at the Southeast Corner of Section 25, Township 51 South, Range 28 East, Collier County, Florida, run S 89°10'50 W, 2659.84 feet to the South Quarter Corner of said Section 25; thence S 89°09'41 W, 2659.37 feet to the Southwest Corner of said Section 25; thence S 00°19'11 W, 2611.61 feet to the East Quarter Corner of Section 35 of said Township 51 South, Range 28 East; thence S 88°56'33 W, 2652.73 feet to the Northeast Corner of the Southwest Quarter of said Section 35; thence S 00°18'15 W, 2614.86 feet to the South Quarter Corner of said Section 35; thence S 88°54'23 W, 2650.59 feet to the Southwest Corner of Section 35; thence S 88°50'39 W, 2639.94 feet to the South Quarter Corner of Section 34 of said Township 51 South, Range 28 East; thence S 89°00'23 W, 2652.66 feet to the Southwest Corner of said Section 34; thence S 88°44'21 W along the north line of the Northeast Quarter of Section 4, Township 52 South, Range 28 East, 1450.32 feet to the Northeast Corner of those lands described in Official Record Book 2624, Page 2509, Public Records of Collier County, Florida; thence S 00°27'37 E along the east line of said lands, 6308.01 feet; thence continuing along said east line, S 89°34'56 W, 16.37 feet; thence continuing along said east line, S 00°25'04 E, 360.00 feet to the north right-of-way line of U.S. Highway 41; thence westerly along the north right-of-way line of U.S. Highway 41, S 84°52'54 W, 327.99 feet; thence N 05°07'06 W, 39.00 feet to a point on a non-tangent curve; thence westerly 900.69 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 28°07'18 and a chord of 891.68 feet, bearing N 81°03'27 W; thence S 23°00'12 W, 39.00 feet; thence N 66°59'48 W, 5570.19 feet to a point of curvature; thence northwesterly 800.00 feet along the arc of a curve, concave to the southwest, having a radius of 17224.80 feet, a central angle of 02°39'40 and a chord of 799.93 feet, bearing N 68°19'38 W to a point of tangency; thence N 69°39'28 W, 6844.52 feet; thence N 20°20'32 E, 39.00 feet to a point on a non-tangent curve; thence northwesterly 671.08 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 20°57'10 and a chord of 667.35 feet, bearing N 59°1053 W; thence S 41°1743 W, 39.00 feet; thence N 48°42'17 W, 6815.31 feet to a point of curvature; thence northwesterly 442.16 feet along the arc of a curve, concave to the southwest, having a radius of 725.20 feet, a central angle of 34°56'02 and a chord of 435.35 feet, bearing N 66°10'19 W to a point of tangency; thence N 83°38'20 W, 300.77 feet to the intersection of the north right-of-way line of U.S. Highway 41 with the west line of Section 36, Township 51 South, Range 27 East; thence N 00°03'59 E along the west line of said Section 36, 1586.32 feet to the Northwest Corner of Section 36; thence N 01°15'40

W, 2658.40 feet, to the West Quarter Corner of Section 25 of said Township 51 South, Range 27 East; thence N 01°17'06 W, 2656.42 feet to the Northwest Corner of said Section 25; thence N 01°16'05 W, 2655.83 feet to the West Quarter Corner of Section 24 of said Township 51 South, Range 27 East; thence N 01°16'15 W, 2656.76 feet to the Northwest Corner of said Section 24; thence N 00°19'01 E, 2764.38 feet to the West Quarter Corner of Section 13 of said Township 51 South, Range 27 East; thence N 00°19'04 E, 2764.32 feet to the Northwest Corner of said Section 13; thence N 01°15'53 E, 2764.69 feet to the West Quarter Corner of Section 12 of said Township 51 South, Range 27 East; thence N 01°16'08 E, 2764.72 feet to the Northwest Corner of said Section 12; thence N 00°37'07 E, 2763.78 feet to the West Quarter Corner of Section 1 of said Township 51 South, Range 27 East; thence N 00°35'09 E, 2732.08 feet to the Northwest Corner of said Section 1; thence N 01°09'58 E, 2697.35 feet to the West Quarter Corner of Section 36 of Township 50 South, Range 27 East; thence N 01°1425 E, 2554.73 feet to the Northwest Corner of said Section 36; thence N 00°49'11 E, 2618.76 feet to the West Quarter Corner of Section 25 of said Township 50 South, Range 27 East; thence N 01°30'13 E, 2623.02 feet to the Northwest Corner of said Section 25; thence N 01°14'51 E, 2643.78 feet to the West Quarter Corner of Section 24 of said Township 50 South, Range 27 East; thence N 00°5545 E, 2647.27 feet to the Northwest Corner of said Section 24; thence N 89°0428 W, 2655.08 feet to the South Quarter Corner of Section 14 of said Township 50 South, Range 27 East; thence N 89°0609 W, 2673.56 feet to the Southwest Corner of

Chapter 40E-10 Water Reservations Effective: 7/16/2014 5

said Section 14; thence N 01°2052 E, 2642.45 feet to the West Quarter Corner of said Section 14; thence N 01°02'27 E, 2638.34 feet to the Northwest Corner of said Section 14; thence S 88°5718 E, 2650.45 feet to the North Quarter Corner of said Section 14; thence S 89°1605 E, 2679.46 feet to the Northeast Corner of said Section 14; thence N 00°32'07 E, 2629.53 feet to the West Quarter Corner of Section 12 of said Township 50 South, Range 27 East; thence N 00°05'55 E, 2655.64 feet to the Northwest Corner of said Section 12; thence N 00°35'20 E, 2638.33 feet to the West Quarter Corner of Section 1 of said Township 50 South, Range 27 East; thence N 09°11'51 W along the west line of the Northwest Quarter of said Section 1 a distance of 2352.20 feet to the intersection with the south line of the south drainage right-of-way of Interstate 75; thence easterly along said line, N 89°4016 E, 2640.00 feet; thence S 88°14'35 E, 2676.02 feet; thence S 89°13'04 E, 2656.26 feet; thence N 89°51'50 E, 2650.84 feet; thence N 89°2853 E, 2647.15 feet; thence S 89°5338 E, 2654.08 feet; thence S 89°59'57 E, 2650.10 feet; thence N 89°51'03 E, 2650.97 feet; thence S 89°32'18 E, 2648.17 feet; thence N 89°47'26 E, 2686.92 feet; thence N 00°23'28 W, 124.56 feet; thence S 89°54'09 E, 2649.59 feet; thence S 89°56'18 E, 2651.63 feet; thence N 89°41'16 E, 2652.50 feet; thence S 89°49'15 E, 2651.54 feet to the intersection of the south line of said south drainage right-of-way with the east line of Section 1, Township 50 South, Range 28 East; thence S 00°18'22 E along the east line of the Northeast Quarter of said Section 1 a distance of 2460.78 feet to the East Quarter Corner of said Section 1; thence S 00°18'26 E, 2663.16 feet to the Southeast Corner of said Section 1; thence S 00°19'17 E, 2661.71 feet to the East Quarter Corner of Section 12 of said Township 50 South, Range 28 East; thence S 00°18'47 E, 2661.88 feet to the Southeast Corner of said Section 12; thence S 00°18'10 E, 2662.06 feet to the East Quarter Corner of Section 13 of said Township 50 South, Range 28 East; thence S 00°18'16 E, 2662.13 feet to the Southeast Corner of said Section 13; thence S 00°18'16 E, 2662.14 feet to the East Quarter Corner of Section 24 of said Township 50 South, Range 28 East; thence S 00°17'28 E, 2661.81 feet to the Southeast Corner of said Section 24; thence S 00°17'38 E, 2674.16 feet to the East Quarter Corner of Section 25 of said Township 50 South, Range 28 East; thence S 00°10'00 E, 2674.56 feet to the Southeast Corner of said Section 25; thence S 00°13'47 E, 2674.47 feet to the East Quarter Corner of Section 36 of said Township 50 South, Range 28 East; thence S 00°13'47 E, 2674.49 feet to the Southeast Corner of said Section 36; thence S 00°51'18 E, 2682.32 feet to the East Quarter Corner of Section 1 of Township 51 South, Range 28 East; thence S 00°51'18 E, 2682.32 feet to the Southeast Corner of said Section 1; thence S 00°28'26 W, 2596.09 feet to the East Quarter Corner of Section 12 of said Township 51 South, Range 28 East; thence S 00°41'47 W, 2598.68 feet to the Southeast Corner of said Section 12; thence southerly along the east line of Section 13, Township 51 South, Range 28 East, S 00°35'55 W, 5191.01 feet to the Southeast Corner of said Section 13; thence S 00°36'41 W, 2596.95 feet to the East Quarter Corner of Section 24 of said Township 51 South, Range 28 East; thence S 00°34'08

W, 2597.43 feet to the Southeast Corner of said Section 24; thence S 00°33'57 W, 2596.90 feet to the East Quarter Corner of Section 25 of said Township 51 South, Range 28 East; thence S 00°34'27 W, 2597.76 feet to the Southeast Corner of said Section 25 and the Point of Beginning.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 6

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 7

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 8

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 9

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Pertenl of Time Equaled or Exceeded Figure 1-T.C Simulated Surface Water Deliveries to Faka Union Bay from Faka Union FUI!1 Near us 41 Dry Sesaon Volume Probability Curve (Nov 1-M*y 31) 100'111 200'11.

300'11 400'11o 500'11o 800'11o lO.!m 800'11o 90014>

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Percent of nme Equaled or Exceeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 14 Flgure1-8.A SimUlated Surface Water Deliveries to Blac~water Bay and Buttonwood Bay from Miller Canal FlowwayNoor US 41 Volume Probability Curve - 1988 Through 2000 2.500 r--------------------------------..,

MIN(Tar;et. 2000 WPtllj<<:t) I 7.000 o ~--~----~----~----------------------------~---

tm 1001.

Pettent oiTlme Equaled or Exceeded Figure1o8.8 Slm1dated Surface Water Oellverioslo Blackwater Bay and Buttonwood Bay from Mill or Canal Flowway Noar US 41 Wet Season Volume Probability curve (June 1

• oet 311 2.soo r---------;=========r-------------,

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(I'll, Per<enl of Time Equaled or Exceeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 15 Flguro1-8.C Simulated Surface Wator Oellvtrlu to Blackwater Bay and Buttonwood Bay From l\\1111er canal Flowway Nta< us 41 Dry Season Volume Probability c.. ve (Nov 1

• May 31) 2.500 ~--------;:::::::::;::::::;:;::;=:;---------,

~IN(T>IQtl. 2000 v-j 2.000 500

~

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0 iL Per~ent of Tim* Equaled qr Exceeded Figure 1*9.A Simulated S..tace Waler Oellverlu to Pumpkin Bay From Faka Union Flowway Near US 41 Volume Probability Curve - 1988 Through 2000 1000.0

!lQO.O 800.0 7000 1100.0 4000 3000 2000 100.0 1o~o.. 20-'"" 30.,.... ~ ~ o,. 150.,. 10 011. ooa..

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 16 10000 QOO.O 8000 700.0

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Percent of Time Equaled or Exceeded Figure1-9.C Simulated Surface Water Oolivori05 to Pt.mpkin Bay from Falla Union Floww~y Near us 41 Dl)' Season Volume Probability Curve (Nov1 -May 31) 10.011>

20.011o

10.0010 *o.O'IO

~o (Ill, 110 Olb 10 011<o eo Olb llO 011o 100 OOMo Percent of Time Equaled or E<eeeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 17 Figure1-10.A Simulated Surface Walor Dellvorios lo Falca Union Bay From Merritt Clonal FlowwayNo;or US41 Volume Probability Curve -1988 Through 2000 1200.0 10000 8000

~

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12000 10000 8000 1!000 4000 2000 l'ereenl of Time Equaled or Exceeded Figure1*1 0.8 Simulated Surface Water Oeliveriu t o Faka Union Bay from Merritt Canal Flowway Near US41 Wot Sesaon Volume Probability Curve (June 1* 0~131)

IOJ!'IO 20.1)0!0, 30.0'llo 40 O'roo

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Percent of Time Equaled or Exceeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 18 1100.0 800.0 1000 8000 3000 2000 1000 Figure 1-10.C Simulated Surface Water Deliveries to Falco Union Bay from Merrill Canal Rowway Near U$41 Dry Season Volume Probability Curve (Nov 1 -May 311 10 t>11.

211 011o 30.091. *o""' so a.~ so.Oib 10 091 so 0'16 oo 0'10 100 ow.

Pueent of Time Equaled or Exceeded Rgure 1-11.A Simulated Surface Water Deliveries to Fabhatchu Bay From Fakahatchee strand Volume Probability Curve -1988 Through 2000

<1000.0 S5000 30000 10000 500.0 100%

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 19 40000

$5000

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Percent of Time Equaled or Exceeded Flgure 1*11.C SlmUiattcl Surf act Water Df>llvorluto Fakahatchee Bay from Fal<ahatchee strand Cry Sou on Volume Probability Cur;e (Nov 1

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 20 1-12 LEGAL DESCRIPTION OF CALOOSAHATCHEE RIVER C-43 WEST BASIN STORAGE RESERVOIR Caloosahatchee River C-43 West Basin Storage Reservoir A parcel of land lying in Sections 31, 32, 33, 34, 35, and 36, Township 43 South, Range 28 East, Section 31, Township 43 South, Range 29 East, Section 6, Township 44 South, Range 29 East, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Township 44 South Range 28 East, Hendry County Florida, being more particularly described as follows:

Beginning at the Northwest corner of the East 1/2 of said Section 31, Township 43 South, Range 28 East; Thence, S89°51'14"E, along the North line of said East 1/2, a distance of 2,635.83 feet to the Northwest corner of said Section 32; Thence, N89°26'04"E, along the North line of the Northwest 1/4 of Section 32, a distance of 2,650.29 feet to the North quarter corner of section 32; Thence, N89°27'01"E, along the North line of the Northeast 1/4 of Section 32, a distance of 2,651.17 feet to the Northwest corner of said section 33; Thence, N89°39'17"E, along the North line of the Northwest 1/4 of Section 33, a distance of 2,644.00 feet to the North 1/4 corner of Section 33; Thence, N89°40'58"E, along the North line of the Northeast 1/4 of Section 33, a distance of 2,644.65 feet to the Northwest corner of said Section 34; Thence, N89°24'50"E, along the North line of the Northwest 1/4 of Section 34, a distance of 2,644.35 feet to the North 1/4 corner of Section 34; Thence, N89°25'57"E, along the North line of the Northeast 1/4 of Section 34, a distance of 2,644.21 feet to the Northwest corner of said Section 35; Thence, N89°13'34"E, along the North line of the Northwest 1/4 of Section 35, a distance of 2,652.53 feet to the North 1/4 corner of Section 35; Thence, N89°25'25"E, along the North line of Northeast 1/4 of Section 35, a distance of 2,650.20 feet to the Northwest corner of said Section 36; Thence, N89°39'37"E, along the North line of the Northwest 1/4 of Section 36, a distance of 2,642.30 feet to the North 1/4 corner of Section 36; Thence, N89°39'50"E, along the North line of the Northeast 1/4 of Section 36, a distance of 1,436.88 feet to an East corner of the Berry land as described in Official Record Book 605, page 1149, public records of Hendry County; Thence, continue N 89°39'50"E, along said North line 1205.97 feet to the Northwest corner of said Section 31, Township 43 South, Range 29 East; Thence, N89°39'59"E, along the North line of said Section 31, Township 43 South, Range 29 East for 1878.01 feet to an intersection with a line parallel with and 1,877.97 feet Easterly of, as measured perpendicular to the West line of said Section 31, Township 43 South, Range 29 East; Thence, S00°09'39"E, along said parallel line for 5298.32 feet to an intersection with a line parallel with and 1877.97 feet Easterly of, as measured perpendicular to the West line of said Section 6, Township 44 South, Range 29 East; Thence, S00°13'51"E, along said parallel line for 5241.63 feet to an intersection with the South line of the Southwest quarter of said Section 6, Township 44 South, Range 29 East; Thence, N89°53'18W, along said South line for 1878.00 feet to the Southwest corner of said Section 6 also being the Northeast corner of said Section 12, Township 44 South, Range 28 East; Thence, S00°33'18"E, along the East line of Section 12, a distance of 5,310.64 feet to the Southeast corner of Section 12; Thence, S89°30'12W, along the South line of the Southeast 1/4 of Section 12, a distance of 2,634.72 feet to the South 1/4 corner; Thence, S89°09'14W, along the South line of the Southwest 1/4, a distance of 2,632.48 feet to the Southeast corner of said Section 11; Thence, S87°42'48W, along the South line of the Southeast 1/4 of Section 11, a distance of 2,640.48 feet to the South 1/4 corner of section 11; Thence, S87°51'34W, along the South line of the Southwest 1/4 of Section 11, a distance of 2,641.90 feet to the Southeast corner of said Section 10; Thence, N89°40'57W, along the South line of the Southeast 1/4 of Section 10, a distance of 2,643.20 feet to the South 1/4 corner of Section 10;

Chapter 40E-10 Water Reservations Effective: 7/16/2014 21 Thence, N89°41'44W, along the South line of the Southwest 1/4 of Section 10, a distance of 2,643.59 feet to the Southeast corner of said Section 9; Thence, N89°47'36W, along the South line of the Southeast 1/4 of Section 9, a distance of 2,654.46 feet to the South 1/4 corner of Section 9; Thence, N89°47'39W, along the South line of the Southwest 1/4 of Section 9, a distance of 2,201.47 feet to a point of curvature with the arc of a circular curve to the right having a radius of 459.30 feet and a central angle of 89°13'48"; thence Northwesterly along the arc of said curve, for 715.29 feet to a point of tangency on the West line of Section 9; Thence, N00°34'21W, along the West line of Section 9, a distance of 2,230.83 feet to an intersection with a line being 50 feet Northerly of, as measured at right angles and parallel with the South line of the North 1/2 of said Section 8; Thence, N89°52'19W, along said parallel line, a distance of 5,287.36 feet; Thence, N44°21'33W, a distance of 2,971.24 feet; Thence, N32°48'36W, a distance of 535.22 feet to an intersection with a line being 300 feet Easterly of, as measured at right angles and parallel to the West line of the East 1/2 of Section 6, Township 44 South, Range 28 East; Thence, S89°40'57W, along the South line of section 6, Township 44 South, Range 28 East, a distance of 300.00 feet to the West line of the East 1/2 ;

Thence, N00°21'09W, along said West line, a distance of 5,287.40 feet to the South 1/4 corner of said Section 31; Thence, N00°21'57W, along the West line of the East 1/2 of Section 31, a distance of 5,275.89 feet to the Point of Beginning.

Figure 1-13. Caloosahatchee River (C-43) West Basin Storage Reservoir Project Location

Chapter 40E-10 Water Reservations Effective: 7/16/2014 22 APPENDIX 2 UPPER EAST COAST PLANNING AREA 2-1 Upper East Coast Reservation Water Bodies Prima Vista Bri Structures

..L..

10~yr Floodplain Figure 2-1: North Fork of the St. Lucie River Reservation Waterbody

Chapter 40E-10 Water Reservations Effective: 7/16/2014 23 Figure 2-2: Water Reserved for the North Fork ofthe St Lucie River Fl1ure 2-2: Water Reserved for the North Fork of the St Lucie River 140 120 100 40 20 0

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 24 APPENDIX 3: LOWER EAST COAST PLANNING AREA Figure 3-1 Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reaches

Chapter 40E-10 Water Reservations Effective: 7/16/2014 25 Figure 3-2.A Surface Water Flow from the C-100 canal through S-123 into Biscayne Bay during the Wet Season (June-October) (1986-2011) l~r-------------------------------------*

20 5-1l3 Targel

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• o 60 Ptrctnttgt Time EquaWed or &ceecttd 60 100 Figure 3-2.B Surface Watef Flow from the C-100 canal through S-123 into Biscayne Bay during the Dry Season (November-May) (1986-2011) 0000~-------------------------------------,

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 26

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Figure 3-3A Surface Water Flow from the C-1 canal through S-21 into Biscayne Bay during the Wet Season (June-October) (1986-2011)

S-21 TO<gO(

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0 20 40 eo 80 100 Percenblge Tlrne Equaled Of' Exceeded Figure 3-3.8 Surface Water Flow from the C-1 canal through S-21 into Biscayne Bay during the Dry Season (November-May) (1986-2011) 0000 3000 20 5*21 T-t

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 27 f

Figure 3-4.A Surface Water Flow from the C-1 02+Mil~ary+C-103 Canal through S-21A+S-20G+S-20F into Biscayne Bay during the Wet Season (June-October) (1986-201 1) 1~r----------------------------------------,

S*21A*S.20G*S*20F T*ge~

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&OOOr----------------------------------,

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Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 EXHIBIT D t=PL August 27,2014 Mr. Blake Guillory, P.E.

Executive Director South Florida Water Management District 3301 Gun Club Road West Palm Beach. FL 33416-4680 Re:

Request for Emergency Authorization Of Temporary Water Withdrawal from Excess Stormwater from L-31E Canal Florida Power & Light Company Turkey Point Plant

Dear Mr. Guillory:

Florida Power & Light Company (FPL) is requesting emergency tempotaty authorization from the South Florida Water Management District (SFWMD) to access the District's right of way, connect to the L-31E, canal, and withdraw excess stormwater (above the 254 cubic feet per second (cfs), required for the CERP Biscayne Bay Coastal Wetlands restoration project) from the L-31E canal north of the Tutkey Point Plant to aid in.reducing temperature and salinity in the Cooling Canal System (CCS). This CCS is integral to powes:

generation at Tw:key Point. The CCS wotks as a heat exchange for Tw:key Point Power Plant Units 1, 3 & 4 cooling the units during the powes: generation process. As described below this excess stormwater is important for the continued reliable operation of Tw:key Point Power Plant. FPL has more than 2 million customer accounts in Miami-Dade and Broward Counties and Turkey Point provides electricity supporting the region. The temporary water withdrawal is not expected to have adverse effects to vegetation, wildlife within the canal system, adjacent lands, L-31E canal, Biscayne Bay or the model lands. The following provides background information supporting this request.

Tut:key Point Power Plant Units 3 & 4 operate under a license from the Nuclear Regulatory Commission (NRC). The original operating license included a.requirement that the maximum allowed CCS water temperature on the intake or inlet side of Units 3 & 4 cannot exceed 100°F. & described below, during July 2014, numerous factors contributed to higher-than-usual inlet temperatures in the CCS that approached 100°F. Also, during July-August intake temperatures approached 102°F (Attachment A). As a.result of engineering analysis demonstrating that the plant could safely operate with the wates: temperature exceeding 100°F, FPL requested and received tempotaty approval from the NRC to temporarily deviate from the water temperature requirement as it pursued a permanent clwlgc to the plant's operating license. In parallel, FPL submitted and received (August 8, 2014) approval for a License Amendment Request (LAR) that petmanentl.y increases the CCS intake water temperatw:e limit from 1 ooop to 104 op_ Should the 104 °F temperature limit be exceeded and certain conditions met, the plant's current license requites Turkey Point Units 3 & 4 to commence shut down within 12 hts, which could impact grid reliability. Although FPL received a License Amendment from the NRC to increase the intake temperature limit in the CCS, the inlet temperature still continues to be high (> 100°F during afternoon peaks). The persisting factors that are resulting in the high water temperatures are described below. Our analysis supports that the addition of excess stormwater from the L-31E canal will add much needed water to the CCS, reducing the salinity, increasing the thermal efficiency of the CCS and ultimately reducing temperature. As a result of the temperature increases in the CCS, the Units, at times, have had to operate at capacities lower than 100%.

The continued temperature increase can be attributed to the lack of rain and cloud cover over the past several weeks, as well as the on-going algae, salinity conditions, and multiple days of record breaking electricity demand. During spring and summer 2014, low rainfall and high evaporation are important factors that have increased temperature and salinity in the canals. For example, annual rainfall at Turkey Point is typically between 50-75 inches. In 2013, rainfall accumulation was less than 20 inches at the cooling canals, and, as of the end of May 2014 there had been less than 3 inches at the rain station within the canals. Although we have seen more rain in June and July, overall rainfall has remained low (less than 26 inches compared 40 inches at the Miami Airport during the same timeframe) at Turkey Point.

This rainfall shortage and the high evaporation (average 34 MGD) and losses to groundwater (average 12 MGD) have resulted in more water leaving from the system than is being provided from the aquifer or rainfall and ultimately concentrating the salinity in the water.

These conditions have also allowed an algal bloom to persist and it is further affecting operations. Our analysis has shown that the higher than normal salinity is a driving factor affecting the canal conditions and our ability to manage the canals we did historically.

Currently, the salinity in the CCS is approximately 90 ppt, compared to historic levels of approximately 60 ppt. Effective treatment of the algae will require the salinity to be reduced to bring the dead algae out of suspension, which is also necessary to reduce CCS temperature and, thereby, restore the heat exchange capacity of the canals. For these reasons, there is an immediate temporary need for additional water for the cooling canals. Excess stormwater in the L-31E canal is the best temporary opportunity to reduce the temperature and salinity in the cooling canals and help to offset the high evaporation rate. In addition to the temporary request for excess stormwater from the L-31E canal, FPL requests right of way access to allow for the placement of pipes and pumps to withdrawal and distribute water from the L-31E canal into the CCS and temporary impacts to wetlands.

The project will require 0.33 acres of temporary wetland and surface water impacts - no permanent wetland fill is proposed with this project. Within wetland areas, the pipes are proposed to be installed upon the surface of the substrate without trenching. An excavator will be used to pull pipe segments into place; the excavator will be located upon existing upland access roadways or upon temporary construction matting to minimize wetland impacts (0.05 acres). Please refer to Attachment B for wetland impact drawings. Temporary wetland and surface water impacts will be restored upon completion of the project. In addition to in-situ restoration of temporary impacts, FPL will also purchase 0.18 mangrove mitigation credits from the Everglades Mitigation Bank, equivalent to the amount of functional loss required if the proposed impacts were permanent.

Attached are plans that depict the proposed layout of the system to withdrawal excess stormwater from the L-31E canal (Attachment C). The maximum amount we anticipate temporarily withdrawing is 100MGD, if available. We request authorization to pump 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, if the water is available, and at variable rates determined by the SFWMD as based on flow rates at S-20F.

We will coordinate with the SFWMD Homestead Field Station and SFWMD's Operations Control Room on a continual basis throughout this temporary operation. Please see Attachment D for the pumping description and expected District requirements. Finally, FPL will receive all appropriate authorizations from Army Corps of Engineers, Florida Department of Environmental Protection (FDEP) and Miami-Dade County.

If you have any questions, please contact me at 561-691-2808 or Stacy Foster at 561-691-7065.

Sincerely, Florida Power & Light Company

~J fl/?-

Matthew J. Raffenberg Director, Environmental Licensing and Permitting

Cc:

Lennart Lindahl, SFWMD Terrie Bates, SFWMD

Attachment A

7/24/2014 8:09:25.259 AM

• TPCW HX OUT TE1472 Turkey Point Intake Temperature July 241 2014-August 231 2014

~

~

30.00 days<Jl>Z 8/23/2014 8:09:25.259 AM Temperature (Degree Fahrenheit)

Attachment B

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SOurce: Elri, D;gitaiGiolle, GooEj'j, k:ubecl, USIJA, USGS, AEX, Gotmllpping,AIIrogrid, IGN, IGP, IWiHIOPQ, and the GIS Uaer Cammunly LEGEND Temponory Cooling C.nel

-- Augmentation Pipeline & Equlp"*11

--- WellenciUne c=J Area of TampofiiiY DiiNrbance IFFR'R Umita of Temporary Conolruclion

~ Matting

~

Area ol TampofiiiY watland Impact TABLE 1 -TEMPORARY WETLAND ACREAGE WatlandiD Habitat Type Acreage B

6411 - Sswgraaa Marshall 0.04 HW 510- Cenal 0.04 0

510- Cenal 0.02 p

612-Mang~

SW~~mpe 0.11 510- canal 0.04 R

612-Mang~ Swampe 0.05 Grand Total o.30 REFERENCE PIP&JNE RCIUTEANl EQuiPMafl DETAI.., TAYLOR B<<11N~NO.. C., 1014

'TENPORARYWETl.AND NIPACT8,GQ...DERA880CIATE81NC.,2G14 40 20 0

CUENT FPL PROJECT 1:480 TEMPORARY COOLING CANAL AUGMENTATION PIPELINE 1TTl£ DISCHARGE SYSTEM TEMPORARY WETLAND IMPACTS a>NIII.LllWT YYYY-NII<XJ

• ~

PREPMED OES"'N AE\\'EW PROJECT No.

CONTROL 09387852 C139 FEET 2014-08-27 NRL NRL....

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SOu""!! Elri, lligitaiGiolle, Gooq., k:ubecl, USIJA, USGS, AEX, Goti'nllpping,AIIroglid, IGN, IGP, owisstopo, and the GIS Uaer ommunly LEGEND Temponory Cooling C.nel

-- Augmentation Pipeline & Equlp"*11

--- WellenciUne c=J Area of TampofiiiY DiiNrbance IFFR'R Umita of Temporary Conobuclion

~ Matting

~

Area ol TampofiiiY watland Impact TABLE 1 -TEMPORARY WETLAND ACREAGE WatlandiD Habitat Type Acreage B

6411 - Sswgraaa Marshall 0.04 HW 510- Cenal 0.04 0

510- Cenal 0.02 p

612-Mang~ Swampe 0.11 510- Cenal 0.04 R

612-Mang~ Swampe 0.05 Grand Total o.30 REFERENCE PIP&JNE RCIUTEANl EQuiPMafl DETAI.., TAYLOR B<<11N~NO.. C., 1014

'TENPORARYWETl.AND NIPACT8,GQ...DERA880CIATE81NC.,2G14 40 20 0

CUENT FPL PROJECT 1:480 TEMPORARY COOLING CANAL AUGMENTATION PIPELINE 1TTl£ DISCHARGE SYSTEM TEMPORARY WETLAND IMPACTS a>NIIILllWT YYYY-NII<XJ

• ~

PREPMED OES"'N AE\\'EW PROJECT No.

09387852 C139 FEET 2014-08-27 NRL NRL....

FIGURE 0

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Path:

IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: ANSI B

Attachment C

H G

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3 4

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7 8

FPL TURKEY POINT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PROJECT LOCATION FLORIDA LOCATION MAP N.T.S.

MARTIN PALM BEACH BROWARO C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 DRAWING INDEX COVER SHEET CONSTRUCTION NOTES PROJECT OVERVIEW INTAKE SYSTEM SITE PLAN INTAKE SYSTEM PUMP AND UNDER ROAD CROSSING DISCHARGE SYSTEM SITE PLAN DISCHARGE SYSTEM PUMP AND LEVEE CROSSING DISCHARGE SYSTEM PROFILES DISCHARGE SYSTEM PIPE CROSSING OVER INTERCEPTOR CANAL PIPE BRIDGE PLAN AND ELEVATION DETAILS EROSION CONTROL DETAILS L31E(N)CANAL INTAKE"SYSTE~ ~R9M ~

~

L31E (N) CANAL TO L~ 1E (S) CA_!'JAL,,

! ___,]

T

~-*.:..- :

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... ___.. J L31~{S)c;ANAL ~

DISCHARGE SYSTEM ~

FROM L31E (S) CANAL TO COOLING CANAL

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~.:----

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, __ _____ 1 COOLING CANAL ------l-VICINITY MAP 1 "= 2000' (22x34) 1 "= 4000' (11 x17)

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BlVD.

BLDG. 300. SUITE 300 JACKSONVIllE. FLORIDA 32256 (904)-731-7040 1675 PALM BEACH LAKES, SUITE 210 WEST PALM BEACH. FLORIDA 33401 1561)-640-7310 7

PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMinED FOR AGENCY REVIEW.

PROJECT TITLE TURKEY POINT CO CANAL FRESHWA RECHARGE

REFERENCE:

USGS 7.5' QUADRANGLE MAP.

ARSENICKER K EYS. FLORIDA 1968 H

G F

E D

c

H G

F E

D A

1 I

2 I

3 PUMPING DESCRIPTION, MONITORING, AND CONTROL PLAN 1

BRIDGE OVER PIPES ON LEVEE WITH CONCRETE BOX CULVERT DESIGN AND SOIL RAMPS. NO MODIFICATION TO THE DAM WILL BE REQUIRED.

2.

A PRE-CONSTRUCTION SURVEY OF THE DAM CREST WILL BE PERFORMED BEFORE BRIDGE INSTALLATION AND DAM CREST WILL BE RESTORED TO AS GOOD AS OR BETTER CONDITION WHEN THE BRIDGE IS REMOVED.

3.

PRIOR TO COMMENCEMENT OF CONSTRUCTION WITHIN ANY SOUTH FLORIDA WATER MANAGEMENT DISTRICT (THE DISTRICn RIGHT OF WAY (ROW), FPL SHALL CONTACT THE DISTRICrS FIELD REPRESENTATIVE AT THE HOMESTEAD FIELD STATION TO SCHEDULE A PRE-CONSTRUCTION MEETING AND FINAL INSPECTION.

4.

FPL SHALL COMPLY WITH THE FOLLOWING ROW CONDITIONS:

A.

ALL EQUIPMENT SHALL BE SKID MOUNTED OR LIE ABOVE GROUND AND BE CAPABLE OF BEING REMOVED FROM THE DISTRICrS ROW WITHIN 24 HO URS OF THE DISTRICT S REQUEST TO DO SO, B.

THE HOPE PIPES BURIED UNDER 344TH AVE SHALL BE BLANKED AT THE NORTH END. BUT LEFT IN PLACE. IN THE EVENT OF DISTRICT NOTIFICATION TO REMOVE EQUIPMENT.

C_ THE HOPE PIPES BETWEEN THE L.J1ECANALAND THE SOUTH PUMPING STATION SHALL BE BLANKED AT THE CANAL END. BUT LEFT IN PLACE. IN THE EVENT OF DISTRICT NOTIFICATION TO REMOVE EQUIPMENT WITHIN 24 HOURS.

THESE PIPES SHALL BE CAPABLE OF BEING REMOVED FROM THE DISTRICT'S ROW WITHIN 30 DAYS OF THE DISTRICT'S REQUEST TO DO SO D.

ALL DISTRICT ROWS SHALL REMAIN IN A CONDITION TO ALLOW ACCESS FOR DISTRICT'S NORMAL AND EMERGENCY USE AT ALL TIMES 5

FPL'S MONITORING AND CONTROL PLAN FOR PUMPING OPERATIONS SHALL COMPLY WITH THE FOLLOWING CONSTRAINTS*

A.

THE PUMPSATTHEL*31E WITHDRAWAL LOCATION NORTH OF 344TH AVE (THE NORTH STATION) SHALL BE MANNED CONTINUOUSLY DURING PUMPING OPERATIONS B

THE PUMPS ATTHE SOUTHERN WITHDRAWAL LOCATION (APPROXIMATELY ONE MILE SOUTH OF 344TH AVE) SHALL BE MANNED CONTINUOUSLY C.

PERSONNEL AT BOTH PUMP LOCATIONS WILL BE PROVIDED CONTACT INFORMATION, MEANS O F COMMUNICATK>N. AND TRAINING TO UTILIZE THE EMERGENCY RESPONSE TEAM AT THE TURKEY POINT FACILITY.

0 THE PUMPS AT THE SOUTHERN WITHDRAWAL LOCATION SHALL BE INSTALLED MANNED AND OPERATED BY TRAINED PERSONNEL FROM THE PUMP SUPPLIER.

E.

EACH DAY PRIOR TO l OAM, THE FPL OPERATORS SHALL CONTACT THE DISTRICT'S OPERATION CONTROL CENTER VIA EMAIL, TO DETERMINE THE RATE AND VOLUME OF FPL WITHDRAWALS FOR THE 24-HOUR PERIOD FROM l OAM TO 9:59AM THE FOLLOWING CAlENDAR DAY F

FPL SHALL MONITOR PUMP STARTS AND PUMP STOPS AT BOTH PUMPING LOCATIONS (NORTH STATION AND SOUTH STATION). FPL SHALL ALSO MONITOR AND DATA LOG FLOW RATES OF THE L-31E WATER PUMPEDATBOTH LOCATIONS G.

FPL SHALL GENERATE A WEEKLY REPORT, DELIVERED V IA EMAIL BY NOON TUESDAY, WHICH REPORTS THE FOLLOWING TO THE DISTRICT FOR THE PRECEDING WEEK:

a. 10 OF PUMPS THAT RAN

b.

O N AND OFF TIMES FOR EACH PUMP

c.

RPM SETIING, PER PUMP, IF VARIABLE d

CALCULATED VOLUME OF WATER PER PUMP

e.

LOGGED FLOWS AT EACH PUMP STATION. FROM TOTALIZING HOUR FLOW METERS.

f THE OFFICIAL TUESDAY REPORTS SHALL BE SENT FROM MATTHEW.RAFFENBERG@FPL.COM (OR DELEGATE) TO BOTH LLINDAHL@SFWMO.GOV AND TO TBATES@SFWMD.GOV (OR THEIR DELEGATES)

H.

FPL SHALL BE CAPABLE OF SUPPLYING THE ABOVE DATA UPON REQUEST AT ANY T IME BETWEEN TUESDAY REPORTS. WITHIN 2 HOURS OF THE DISTRICT'S REQUEST I

FPL SHALL BE CAPABLE OF TERMINATING All PUMPING AT ANY TIME. WITHIN 2 HOURS AN EMA IL ED REQUEST FROM EITHER DISTRICT PARTY IDENTIF IED IN 5 G.F.

J EACH PUMP SHALL BE OPERA TED BY TRAINED PUMP OPERATORS WHICH WILL BE ON SITE 24 HOURS PER DAY DURING OPERATION. THE PUMP OPERATORS WILL HAVE WIRELESS COMMUNICATIO N TO PROVIDE IMMEDIATE RESPONSE IF REQUIRED AND THIS SHAll BE VERIFIED AS OPERABLE PRIOR TO PUMPING.

I 2

K.

FPI. SHALL WIRELESSL Y COORDINATE THE PUMPING AT BOTH STATIONS TO ASSURE THAT*

a.

FROM A NON-FLOW CONDITION. THE NORTH STATION PUMPS SHALL BE STARTED FIRST

b.

FROM A FLOW CONDITION, THE SOUTH STATION PUMPS SHALL BE STOPPED FIRST.

c.

SOUTH STATION PUMPS SHALL BE STARTED AFTER 5 MINUTES OR MORE OF NORTH STATION PUMPS' STARTS. WITH EQUIVALENT FLOW MAINTAINED AT BOTH STATIONS DURING OPERATION.

d.

NORTH STATION PUMPS SHALL BE STOPPED AFTER 5 MINUTES OR MORE FOLLOWING SOUTH STATION PUMPS' STOPS.

e.

FPL SHALL PROVIDE THE PUMP CURVES USED TO DETERMINE DISCHARGE RATES TO THE DISTRICT.

FOR EACH PUMP. PRIOR TO THEIR OPERATION

f.

FPL SHALL MONITOR THE CANAL WATER LEVEL UTILIZING STAFF GAUGES TO ASSURE THAT UNDER NO CONDITIONS. THE WATER LEVEL IN THE SOUTH END OF THE l -31E CANAL IS LOWER THAN THE POINT AT WHICH THE PUMPS ARE FIRST STARTED CONTROL OF THE PUMP OUTPUT TO GUARANTEE THIS WILL INCLUDE SHUn lNG ONE OR BOTH SOUTH PUMPS DOWN AND/OR THROnLING THE PUMPS BACK TO MATCH FLOWS, l.

FPL SHALL ENSURE THAT THE TOTALIZING HOUR FLOW METERS USED AT EACH PUf"P STATION ARE AVAILABLE FOR PERIODIC DISTRICT INSPECTION AND VERIFICATION.

6 SPILL PREVENTION A.

All EQUIPMENT WILL BE BERM ED IN ACCORDANCE WITH FPL STANDARD PROCEDURES FOR SPILL PREVENTION AND CONTROL B

ALL EQUIPMENT. HOSES, AND TANKS SH ALL BE DESIG~ED FOR USE ON OR NEAR WATER CONDITION CHECKS OF ALL FLUID CONTAINING DEVICES SHALL BE MONITORED CONTINUOUSLY AS A PART OF THE 24 HOUR PUMP COVERAGE C.

HYDRAULIC HOSES USED ON THE PUMPS NORTH OF 344TH AVE SHALL BE INSTALLED ACCORDING TO MANUFACTURES RECOMMENDATIONS. THE HOSES SHALL UTILIZE THE SHORTEST PATH OUT OF THE WATER THAT IS AVAILABLE TO ASSURE GOOD VISIBILITY FOR MONITORING. THE HOSES SHALL BE SECURED IN PLACE TO PREVENT OVER TENSIONING AND ALLOW FOR CONTINUOUS INSPECTION D.

THE HYDRAULIC PUMPS NORTH OF 344TH AVE WILL CONTAIN ONLY BIODEGRADABLE HYDRAULIC OIL DESIGNED FOR USE OVER WATER.

E.

ALL FUEL TANKS USED FOR THE SOUTHE~

PUMPS HAVE BUILT IN SECONDARY CONTAINMENT All FUEL LINES WILL BE PROVIDED WITH SECONDARY CONTAINMENT F.

THE PUMPS NORTH OF 344TH AVE. WILL BE FUELED TWICE PER DAY OR AS NEEDED. NO ADDITIONAL FUEl STORAGE Will BE IN THE SFWMD RIGHT OF WAY G

THE PUMPS SOUTH OF 344TH AVE WILL BE FUELED THROUGH NURSE TANKS ON SHORE AS NEEDED THE TRANSFER LINES BETWEEN THE PUMP AND THE NURSE TANKS WILL NOT BE CHARGED WHEN NOT IN USE H

FLOATING BOOM WILL BE STAGED ON SITE FOR IMMEDIATE DEPLOYMENT IF NEEDED. ENOUGH BOOM TO CROSS THE CANAL A MINIMUM OF TWO TIMES WILL BE PROVIDED PUMP OPERATORS WILL BE PROVIDED EMERGENCY NUMBERS TO IMMEDIATELY DISPATCH A CLEANUP AND BOOM CREW FROM THE TURKEY POINT FACILITY I.

A FIXED OIL BOOM WILL BE INSTALLED BOTH NORTH AND SOUTH OF THE FLOATING PUMPS IN THE SOUTHERN REACH J.

OIL ABSORBENT BOOMS AND PADS DESIGNED TO CLEAN UP PETROLEUM SPILLS ON WATER WILL BE LOCATED ON SITE PUMP OPERATORS WILL BE TRAINED IN THE USE OF THESE MATERIALS, K

A DETECTED LEAK OF ANY PETROLEUM PRODUCTS (FUEL OR HYDRAULIC O lq WILL RESULT IN THE IMMEDIATE SHUTDOWN OF THE PUMPS AT BOTH ENDS. THE PUMPS WILL NOT BE RESTARTED UNTIL ALL ISSUES HAVE BEEN RESOLVED AND THE EQUIPMENT CLEANED TO ALLOW FOR CONTINUOUS MONITORING I

3 4

I TECHNICAL SPECIFICATIONS DEFINITIONS

1.

OWNER: FLORIDA POWER AND LIGHT (FPL).

2 ENGINEER: OWNER'S DESIGNATED REPRESENTATIVE FOR CONSTRUCTION INSPECTION AND OVERSIGHT 5

3 ENGINEER OF RECORD (EOR): ENGINEER WHOSE NAME AND SEAL IS AFFIXED TO THE DRAWINGS AND SPECIFICATIONS

4.

U.NO.: UNLESS NOTED OTHERWISE G ENERAL NOTES

1.

THE CONTRACTOR SHALL INVESTIGATE THE PRCUECT SITE PRIOR TO INITIATING ANY CONSTRUCTION.

2 THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS OF ALL STRUCTURES AND EXISTING UTILITIES. WHETHER SHOWN OR NOT ON THE DRAWINGS.

3 THE CONTRACTOR SHALL COORDINATE CONSTRUCTION TOGETHER WITH THE FPL PROJECT MANAGER TO ENSURE PUBLIC AND PRIVATE SAFET Y IN AND AROUND THE CONSTRUCTION SITE.

4.

DEMOLITION DEBRIS SHALL BE DISPOSED OF OFFSITE AT A LICENSED LANDFILL IN ACCORDANCE WITH All LOCAL, STATE. AND FEDERAL LAWS AND REGULATIONS.

5.

THE CONTRACTOR SHALL LOCATE ALL ABOVE-GROUND AND BELOW-GROUND UTILITIES BEFORE BEGINNING WORK.

SUBMinALS AND TESTING REQUIREMENTS 1

ALL TESTING. EITHER PRE-CONSTRUCTION OR CONSTRUCTION, AS REOUIRED HEREIN OR IN THE CONTRACT DOCUMENTS. SHALL BE PERFORMED BY AN INDEPENDENT QUALIFIED TESTING COMPANY THE COSTS OF ALL SUCH TESTING SHALL BE BORNE BY THE CONTRACTOR AND SHALL BE INCLUDED IN THE BID PRICE

2.

THE QUALIFIED TESTING AGENCY SHALL BE APPROVED PER FOOT STANDARDS, AASHTO STANDARDS OR SIMILAR SUCH STANDARDS AS APPROVED BY THE ENGINEER. ALL TESTING WORK SHALL BE DONE UNDER THE SUPERVISION OF A PROFESSIONAL ENGINEER REGISTERED IN FLORIDA AND SHALL BE SIGNED AND SEALED BY A LICENSED PRO FESSIONAL ENGINEER REGISTERED IN FLORIDA IF REOUESTEO

3.

ALL SUBMinALS REOUIRE APPROVAL BY THE ENGINEER U.N.O SUBMinAL PROCEDURES

1.

BEFORE COMMENCING WORK. THE CONTRACTOR SHALL REVIEW THE SUBMinAL REQUIREMENTS AND PROVIDE A SUBMinAL LOG 2

ENGINEER'S REVIEW OF SUBMinALS DO NOT RELEASE CONTRACTOR FROM CONTRACTOR'S RESPONSIBILITY FOR PERFORMANCE OF REQUIREMENTS OF CONTRACT DOCUMENTS NEITHER SHALL ENGINEER'S REVIEW RELEASE THE CONTRACTOR FROM FULFILLING PURPOSE OF INSTALLATION NOR FROM CONTRACTOR'S LIABILITY TO REPLACE DEFECTIVE WORK.

3.

ENGINEER'S REVIEW OF SHOP DRAWINGS. SAMPlES, OR TEST PROCEDURES WILL BE ONLY FOR CONFORMANCE WITH DESIGN CONCEPTS AND FOR COMPLIANCE WITH INFORMATION GIVEN IN CONTRACT DOCUMENTS.

ENG INEER'S REVIEW DOES NOT EXTEND TO:

a. ACCURACY OF DIMENSIONS, QUANTITIES. OR PERFORMANCE OF EQUIPMENT AND SYSTEMS DESIGNED BY CONTRACTOR

b. CONTRACTOR'S MEANS. METHODS. TECHNIQUES. SEQUENCES.

OR PROCEDURES EXCEPT WHEN SPECIFIED, INDICATED ON THE I

6 I

DRAWINGS, OR REQUIRED BY CONTRACT DOCUMENTS c SAFETY PRECAUTIONS OR PROGRAMS RELATED TO SAFETY.

WHICH SHALL REMAIN THE SOLE RESPONSIBILITY OF THE CONTRACTOR 5

ENGINEER WILL BE ENTITLED TO RELY UPON THE ACCURACY OR COMPLETENESS OF DESIGNS. CALCULATIONS. OR CERTIFICATIONS MADE BY LICENSED PROFESSIONALS ACCOMPANYING A PARTICULAR SUBMITTAL WHETHER OR NOT A STAMP OR SEAL IS REQUIRED BY CONTRACT DOCUMENTS OR LAWS AND REGULATIONS.

HOPE PIPE AND FlniNGS 1

POLYETHYLENE PIPE AND FITTINGS SHALL BE PE4710 MATERIAL AND SHALL MEET THE SPECIFICATIONS DEFINED IN ASTM 03350 FOR A CELL CLASSIFICATION OF 445574CIE.

2.

PIPE SHALL BE IPS DR 26 OR DR 21 (PER ASTM F714) AS SPECIFIED ON THE DRAWINGS AND HAVING A MINIMUM WORKING PRESSURE i<ATING OF 80 PSI AND 100 PSI RESPECTIVELY. PIPE SHALL HAVE A SMOOTH INTERIOR WITH A MANNING'S N OF 0.011 OR LESS

3.

FITIINGS SHALL BE O F THE SAME TYPE. GRADE, MATERIAL AND MINIMUM WALL THICKNESS AS THE PIPE

4.

FlniNGS SHALL BE IPS WITH A WORKING PRESSURE RATING EOUAL TOOR GREATER THAN THAT O F THE PIPE AND JOINTS..

5 FlniNGS SHALL COMPLY WITH ASTM 03261 F1055. OR F2206 AS APPLICABLE 6

BACK UP RINGS SHALL BE DUCT ILE IRON. BOLTS SHALL BE ASTM A307.

GRADE A GALVANIZED IN ACCORDANCE WITH ASTM A153.

7.

FITTINGS, FLANGES. BACKUP RINGS AND OTHER APPURTENANCES SHALL BE SIZED FOR THE MAXIMUM ANTICIPATED WORKING PRESSURE AND ANY ANTICIPATED SURGE PRESSURES BUT NOT LESS THAN CLASS B (86 PSI)

8.

INSTALL PIPE AND FlniNGSACCOROING TO THE MANUFACTURER'S RECOMMENDATIONS FOR ABOVE-GROUND INSTALLATIONS.

9 ALL PIPES SHALL BE JOINED USING HEAT FUSION IN ACCORDANCE WITH ASTM F2620. JOINTS SHALL BE BUn FUSION WELDED, RESULT ING IN A JOINT THAT IS INTEGRAL WITH THE PIPE AND AS STRONG AS THE PIPE ITSELF. WHERE BUn FUSION WELDING IS NOl POSSIBLE PIPE SHALl BE JOINED USING EX1 RUSION WELDING.

10, LAY PIPELINES TO THE GRADES (VERTICAL) AND ALIGNMENT (HORI~ONTAL) INDICATED ON THE PROJECT DRAWINGS.

HOPE PIPE AND FlniNGS SUBMITTALS 1

HOPE PIPE AND FiniNG MATERIAL INFORMATION. SUBMIT DOCUMENTATION DEMONSTRATING THAT THE HOPE PIPE AND ASSOCIATED FITIINGS MEET THE SPECIFICATIONS PUMPS AND VALVES 1

PUMPS SHALL BE SUPPLIED BY THE CONTRAC TOR. THE PUMP AND PIPING SYSTEM SHALL BE CAPABLE OF CONVEYING UP TO 100 MILLION GALLONS OF WATER IN A 24 HOUR PERIOD AND CAPABLE OF OPERATING CONTINUOUSLY PUMPS SHALL BE THE TYPE SHOWN ON THE DRAWINGS AND PLACED AT THE LOCATION SHOWN ON THE DRAWINGS UNLESS OTHERWISE APPROVED BY THE ENGINEER.

2 PUMPS SHALL BE MAINTAINED AND OPERATED BY FPLIFPL CONTRACTORS 3

UNLESS OTHERWISE APPROVED BY THE ENGINEER. PUMPS SHALL BE SUPPliED WITH CONTROLS I A VFD OR SIMILAR DEVICE) TO CONTROL PUMP FLOW AND ALLOW FOR GRADUAL STARTUP AND SHUTDOWN DISCHARGE SYSTEM PUMP RAIN FOR RENT

• FP900 20 "

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US GPM 38,000 40.000 42.000 44.000 46.000 48.000 50.000 LllERS/SEC 2400 2500 2600 2700 2800 2900 3000 3100

• FLOW PERF'ORMANCE IS BASED ON CLEAR WATER TESTING*

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30 25 20 15 10 5

0 16000 7

I 8

4 THE CONTRACTOR IS RESPONSIBLE FOR PROTECTING THE PUMPS AGAINST DAMAGE DURING OPERATIONS. THE CONTRACTO R SHALL PROVIDE GAUGES. PRESSURE RELIEF VALVES, CHECK VALVES. AIR RELEASE VALVES. A~'O OTHER EQUIPMENT NECESSARY TO PROTECT THE PUMPS AND PIPING SYSTEM AGAINST DAMAGE DUE TO SURGE.

CAVITATION. BACKPRESSURE, OVERPRESSURE, VACUUM PRESSURE, DEBRIS, AND OTHER CONDITIONS THAT COULD CAUSE DAMAGE TO THE PUMPS OR THE PIPING SYSTEM.

5 VALVES SHALL BE CAPABLE OF WITHSTANDING THE MAXIMUM ANTICIPATED WORKING PRESSURES AND SURGE PRESSURES.

VALVES SHALL COMPLY WITH APPLICABLE ISO. AWWA. OR ASME STANDARDS.

6.

THE CONTRACTOR SHALL PROVIDE TURBIDITY CURTAINS AND SCREENS AS NECESSARY TO CONTROL DEBRIS AND VEGETATION AND PREVENT FOREIGN MATERIAL FROM ENTERING THE PUMP INTAKES.

PUMP SUBMinALS 1

SUBMIT PUMP DATA TO THE ENGINEER FOR APPROVAL

2.

SUBMIT VALVE DATA AND LOCATION PLAN TO THE ENGINEER FOR APPROVAL 3

SUBMIT PIPE ANALYSIS UPDATED WITH ALL VALVE LOCATIONS AND DETERMINE REQUIRED PUMP HEAD AND MAXIMUM DESIGN PRESSURE FOR PIPES 4

PUMP STARTUP ANO SHUTOOWN PLAN: SUBMIT A WRITTEN PLAN DESCRIBING THE PRECAUTIONS THE CONTRACTOR WILL TAKE DURING STARTUP. PIPE FILLING. CONTROLLED SHUTDOWN, AND (IF PRACTICAL) EMERGENCY SHUTDOWN TO PREVENT SURGE. VACUUM PRESSURE, AND TRAPPED AIR IN LINE.

OPERATIONS FPL OR FPL CONTRACTORS SHALL PROVIDE INSPECTORS AND OPERATORS 24 HOURS PER DAY TO MONITOR THE PUMPS PIPING SYSTEM, AND CONVEYANCE THROUGH THE CANAL INSPECTORS AND OPERATORS SHALL MONITOR THE PIPELINES, PUMPS. CANAL, AND ROADWAY CROSSING FOR EVENTS THAT COULD AFFECT PUMPING OPERATIONS OR CAUSE DAMAGE TO THE ENVIRONMENT OR PROPERTY THIS INCLUDES BUT IS NOT LIMITED TO: UNANTICIPATED PUMP SHUT -DOWNS, FUEL FILLING, FUEL LEAKS. PIPE LEAKING, PIPE BURST, SHORE EROSION, EXCESSIVE PIPE MOVEMENT, ETC.

2.

INSPECTORS AND OPERATORS SHALL BE EOUIPPED WITH RADIO/WIRELESS COMMUNICATION THE CONTRACTOR SHALL STATION AT LEAST ONE RADIO/WIRELESS EQUIPPED OPERATOR AT EACH SET OF PUMPS 24 HOURS PER DAY WHEN PUMPS ARE OPERATING TO EXECUTE AN EMERGENCY PUMP SHUT DOWN IF REQUIRED.

3 PUMPS SHALL BE STARTED UP AND SHUT DOWN AND OPERATED IN ACCORDANCE WITH THE FPL APPROVED AND OPERATION PLANS AND DAILY INSTRUCTION.

4 THE CONTRACTOR SHALL INSTALL AND MONITOR STAFF GAUGES AT ALL THREE CANAL LOCATIONS AS DIRECTED BY THE ENGINEER li,OOO gpm@JOI:

16000 7

INTAKE SYSTEM PUMP GODWIN

• HAF 30AX 18 SCOgp"' ~ 25 ~

21 OO<iqpm~.20 rl 22.500 gpm@ 15 It 20000 22000 Capacity (g.p m.)

I 26000 8

28000 4

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

BLDG. 300, SUITE 300 JACKSONVILLE, FLORIDA 32256 H

~========================~--

I:::;::IE PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW PROJECT NO C2014-066 rD--ATE~-+M=-

• 27~--014----~~8 DESIGNED JTA D~AWN CAS CHECKED HCV REVIEWED RLJ SCALE

, AS~HOWN_

DRAWING TITLE CONSTRUCTION NOTES r-------------------~ A C-2 SHEET 2

OF 12

H G

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WETLAND LINE (TYP) 2 FRESHWATER INTAKE SYSTEM PUMPS (TYP)

SW 344TH ST DISCHARGE TO L31E CANAL (S)

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PIPE BRIDGE AND RAMP AT LEVEE FRESHWATER DISCHARGE LOCATION 2

3 4

4 5

6 7

0 300' COOLING CANAL 5

6 7

600' GRAPHIC SCALE 22X34: 1" = 300' 11X17: 1" = 600' 8

FLORIDA POWER AND LIGHT TURKEY POINT 1,200' 8

AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 FPL TURKEY POINT COOLING CANAL FRESHWATER RECHARGE MIAMI*DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW.

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AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 JACKSONVILLE. FLORIDA 32256 (904~731*7040 PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW.

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7 200 8

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. 8UT ARE BEING TRANSMITTED FOR AGENCY REVIEW.

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"QUADRAFLOAT" (~ X 7.5) MODULAR PONTOON WORK PLATFORM "RAIN FOR RENT" FP900 FLOATING PUMP CONCRETE BLOCK (3 X 4 X 3.5)

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• 36"0 HOPE (PE 4710 IPS. DR 26)

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10151 DEERWOOD PARK BLVO.

BLDG. 300. SUITE ~0 JACKSONVILLE. FLORIDA 32256 (904 )-731* 7040 PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW DRAWING TITLE DISCHARGE SYSTEM PUMP AND LEVEE CROSSING H

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DISCHARGE A STA. 2+00 THRU 9+30 2

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22X34. 1'

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H TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

BLDG. 300. SUITE ~0 JACKSONVILLE. FLORIDA 32256 (904~731-7040 NAL 0

ifJllR!l:EiV.PuiNT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS' THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW DISCHARGE SYSTEM PROFILES G

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10151 DEERWOOD PARK BLVD.

BLDG. J<JO. SUITE 300 MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITIEO FOR AGENCY REVIEW.

DRAWING TITLE DISCHARGE SYSTEM PIPE CROSSING OVER INTERCEPTOR CANAL H

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{08-19-2014 @ 11:00 AM)

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16"X18" CONCRETE PILE (TYP)

CLEAN SAND FILL LESS THAN 10% FINE MATERIAL PASSING THE 200 SIEVE AND LESS THAN 2% ORGANIC MATERIAL COMPACT TO 95"4 MAXIMUM DENSITY PER ASTM 1557 CLEAN SAND FILL LESS THAN,0%

fiNE MATERIAL PASSING THE 200 SIEVE AND LESS THAN 2% ORGANIC MATERIAL. COMPACT TO 95%

MAXIMUM DENSITY PER ASTM 1557 (3) RAMP WINGWALL SECTIONS (TYP. EACH SIDE)

GUARD RAIL (2 ) PIPE BRIDGE SECTIONS (TYP. EACH SIDE)WrTH 1" THICK STEEL PLATE PIPE BRIDGE & RAMP DETAIL PLAN VIEW (3) RAMP WINGWALL SECTIONS ITYP. EACH SIDE) 22x34,. - s*

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11X11 1" =10' GUARORAJL BOLT TO RAMP WINGWALL (2) PIPE BRIDGE SECTIONS (TYP EACH SIDE) WITH 1" THICK STEEL PLATE GUARDRAIL BOLT TO RAMP WINGWALL RAMP SLOPE 1:10 2

3 PIPE BRIDGE & RAMP DETAIL ELEVATION VIEW 22X34 1" = 10' 11X17 1" c 20' 4

10 5

20' 6

LIMEROCKPAD COMPACTED TO LEVEL GRADE 7

8 8

AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAl FORM. BUT ARE BEING TRANSMITTED fOR AGENCY REVIEW.

PIPE BRIDGE PLAN AND ELEVATION H

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FOOT GUARD RAIL WELD TO PLATE 14'*11" 13'*11r (2) PIPE BRIDGE SECTIONS j

16' LIMEROCK PAD COMPACTED TO LEVEL GRADE PIPE BRIDGE SECTION 22X34: 1" = 4' 11X11: 1" = 8' 2

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22X34 1". 4' 11X17 1"* 8' FOOT GUARD RAIL

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RAMP WINGWALL LIME ROCK PAD; ROLLER COMPACTED TO LEVEL GRADE RAMP WINGWALL SECTION 22X34 1" = 4' 11X17 1"* 8' FOOT GUARD RAIL HP12X53 1" STEEL PLATE CONCRETE PIPE BRIDGE SECTION a*

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TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 JACKSONVILLE, FLORIDA 32256 FPL POINT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW.

DETAILS H

F c

~------------------4 A C-11 SHEET 11 OF 12

H 2

EROSION CONTROL AND GRASSING/SODDING NOTES:

1.

THE CONTRACTOR SHALL IMPLEMENT AND MAINTAIN EROSION CONTROL MEASURES AS NECESSARY TO COMPLY WITH ALL FEDERAL. STATE. AND LOCAL REGULATIONS AND COMPLY WITH STATE WATER QUALITY CRITERIA FOR STORMWATER DISCHARGE. EROSION CONTROL MEASURES INCLUDE BUT ARE NOT LIMITED TO TURBIDITY SCREENS. MULCHING, HAY BALES.

AND SILT FENCE. IF A WATER QUALITY VIOLATION OCCURS, THE CONTRACTOR SHALL BE WHOLLY RESPONSIBLE FOR ALL DAMAGE AND ALL COSTS WHICH MAY RESULT INCLUDING LEGAL FEES, CONSTRUCTION COSTS. AND FINES.

DISTURBED AREAS SHALL BE MAINTAINED IN ACCORDANCE WITH CITY, COUNTY. STATE. AND FEDERAL REQUIREMENTS UNTIL A PERMANENT VEGETATIVE COVER IS ESTABLISHED.

3.

THE CONTRACTOR SHALL BE RESPONSIBlE FOR ESTABLISHING PERMANENT VEGETATION AT ALL DISTURBED AREAS PER DRAWINGS AND MEETING THE NPDES FINAL STABILIZATION G

REQUIREMENTS.

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4.

EROSION CONTROL MEASURES SHALL BE MAINTAINED FOR THE ENTIRE DURATION OF THE PROJECT OR UNTIL VEGETATION IS ESTABLISHED.

5.

EROSION CONTROL MEASURES SHALL BE PLACED TO CONTAIN ALL POINTS OF DISCHARGE TO SURFACE WATERS OR WETLANDS INCLUDING SURFACE RUNOFF, CURB INLETS, DITCH BOTIOM INLETS. DITCHES. AND DOWNSTREAM PORTIONS OF STREAMS. CANALS, AND TIDAL WATERS ADJACENT TO CONSTRUCTION.

6.

48 HOURS PRIOR TO COMMENCEMENT OF CONSTRUCTION, THE CONTRACTOR WILl SUBMIT A "NOTICE OF INTENT" TO THE EPA IN ACCORDANCE WITH NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM RULES AND REGULATIONS.

7.

THE CONTRACTOR SHALL WRAP STORM GRATES IN FILTER FABRIC TO PREVENT SEDIMENTATION OF THE STORM SEWER SYSTEM. CONTRACTOR SHALL MAINTAIN THE FILTER FABRIC UNTIL PROJECT COMPLETION.

THE SITE CONTRACTOR IS RESPONSIBLE FOR REMOVING THE TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES AFTER COMPLETION OF CONSTRUCTION AND ONLY WHEN AREAS HAVE BCEN STABILIZED

9.

SILT FENCES AND FILTER BARRIERS SHALL BE INSPECTED IMMEDIATELY AFTER EACH RAINFALL AND AT LEAST DAILY DURING PROLONGED RAINFALL ANY REQUIRED REPAIRS SHALLSE MADE IMMEDIATELY 2

3 1 SET POSTS AND EXCAVATE A lf'x4" TRENCH UPSLOPe AI.ONG TliE LIN£ OF POSTS J ATTACH1"HE FILTER FABRIC TO THE 'MRE FENCE AND EXTEND IT ~NTO THE TRENCH 4

EXTENSION OF F.ol.SRIC AND WIRE INTO THE fRENCH 5

6

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AND i.IGHTLY COMPACTED PlAN ANCHOR BALES WITH AlONG UPSTH.EAM EDGE OF BALES STAKE 2

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1'MlN RECOMMENDED ElEVA nON SPAONG BALE 8A~KIERS FOR P.I\\VED OtTCHES SHOUlD BE SPACED IN ACCORDANCE WiTH CHART I St£E11 OF 3, 1NO£X NO 102 OFF 0 0 T ROADWAY AND l"AAFFIC DESIGN STANDARDS 7

BINOINC WIRE OR.T"'r'INE FIL TEREO RUNOFF CROSS*SECTtON OF A PROPERLY INSTALLED STRAW BALE 8

ST AKEO AND ENTRENCHED STRAW BAlE COMPACTED S()(L TO PREVENT PIP! NO SEDIMENT LADEN RUNOFF BARRIER FOR PAVED DITCH STAKED HAY BALE SCAlE- ~.T.S SANOBAOS y

I LOOSE SOIL PLAC0 BY SHOVEL AMJ liGHTLY COMPACTED ALONG THE UPSTREAM EOCE OF BALES 1"MINIMUM r-RECOMMENDED PLAN SCALENTS LOOSE SOIL PLACED BY SHOVEL ANO LIGMTLY C0!>.1PACTEOAJ.ONC ThE UPSTREAM EDGE OF BALES 1'~1!NTMUM I RE.COM.\\1ENOED CONSTRUCTION DETAILS FOR SILT FENCES

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SCALE. ~ -T S POSTfOPliONS z-x**

OR 2.i$ l.iiN OIA 'WOOD" STEEL 1 33 LBS.iFT M:N )

6' MAX ELEVATION OPnONAL POST POSITIONS FILTER FABRIC (!N CONFORMANCE WI TH SEC 9B5FOOT SPEC)

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A~ChOR LOWER BAlES WITH 2

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• 2'" X z* X 4" STAKES PER BALE ANCHOR BALES W JTH 2. 2" X 2'" X A"STAKES PER BALE ElEVA nON El EVATION APPLICATlON Ar<<J SPACING OF TYPES I & II HAY BALE 8AHRIEI'IS SHEll BE IN ACCORDANCE \\IVtTH SHEET 1 OF J f DO T INDEX NO 102 TYPE II PRi t-JCIPLE POST I

POSITION (CANTED 2Q* TOWARD F LQI.'\\1)

POST (OP TIONS a* X 4" OR Y 20 f t.iiN OtA WOOD, STEEL 1 33 lBSfFT MIN I SECTION HAY BARRIERS TYPE I & II TYPE I SCALE. N.TS ElEVATf()N POUt.. TR'f MESH (2Q GA J.nN ) OR NP£ I< FENC£ FABRI.C (INOEX NO <~51 & SEC 965 FOOT S?EC \\

OPTIONAL POST POSinONS FILTER FABRIC (IN CONFORMANCE '/{)TH SEC 985F OOT SPEC \\

SECTION TYPE Ill SILT FENCE TYPE IV SILT FENCE TYPE Ill OR TYPE IV SILT FENCE TYPE Ill O R TYPE rv Sl. T FENCE PROTECTION AROUND DITCH BOTTOM INLETS SILT Fl OW SilT FLOW TYPE IV SILT FENCE TYPE Ill SILT FENCE O!TCM INSTAL.L.AnON AND SPACING FOR TYFE Ul & TYPE. IV FENCE TO BE IN ACCOROANCE\\VITH SHEET t OF 3 F 0 0 T INOEX NO 102 00 NOT DEPLOY IN A MANNER THAT SiLT FENCES WilL ACT A$ ADAM ACROSS PERMANENT FlO~V!NC WATERCOURSES SILT FENCES ARE 10 BE USEOAT UPLAND LOCATIONS AND TURBIOI'T"Y BARRIERS USE.OAT PERMANENT BODIES Of WillER SILT FENCE TYPE Ill & IV SCALE. t-oTS 4

5 6

7 8

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLOG. 300, SUITE 300 MIAMI-DADE COUNTY. FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMmED FOR AGENCY REVIEW.

H

~--------------------~ A C-12 SHEET 12 OF 12

Attachment D

PUMPING DESCRIPTION AND EXPECTED DISTRICT REQUIREMNTS

1. Bridge over pipes on levee concrete box culvert design with soil ramps. No modification to the dam will be required.

2. A pre-construction survey of the dam crest will be performed before bridge installation and dam crest will be restored to as good as or better condition when the bridge is removed.

3. Prior to commencement of construction within any south Florida water management district (the district) right of way (row), FPL shall contact the district's field representative Mike Worley at the homestead field station (954) 410-7383 to schedule a pre-construction meeting and final inspection.

4. FPL shall comply with the following row conditions:

A. All equipment shall be skid mounted or lie above ground and be capable of being removed from the district's row within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the district's request to do so.

B. The HDPE pipes buried under 344th Ave shall be blanked at the north end, but left in place, in the event of district notification to remove equipment.

C. The HDPE pipes between the L-31E canal and the south pumping station shall be blanked at the canal end, but left in place, in the event of district notification to remove equipment within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. These pipes shall be capable of being removed from the district's row within 30 days of the district's request to do so.

D. All district rows shall remain in a condition to allow access for district's normal and emergency use at all times.

5. FPL's monitoring and control plan for pumping operations shall comply with the following constraints:

A. The pumps at the L-31E withdrawal location north of 344th Ave (the north station) shall be manned continuously during pumping operations. The site will be guarded 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day/ seven days per week while the equipment other than the pipe is on SFWMD right of way.

B. The pumps at the southern withdrawal location (approximately one mile south of 344th Ave) shall be manned continuously.

C. Personnel at both pump locations will be provided contact information, means of communication, and training to utilize the Emergency Response Team for spill containment or security at the Turkey Point Facility.

D. The pumps at the southern withdrawal location shall be installed, manned and operated by trained personnel from the pump supplier.

E. Each day prior to 10am, the FPL operators shall contact the district's operation control center, via email, to determine the rate and volume of FPL withdrawals for the 24-hour period from 10am to 9:59am the following calendar day.

F. FPL shall monitor pump starts and pump stops at both pumping locations (north station and south station). FPL shall also monitor and data log flow rates of the L-31E water pumped at both locations.

G. FPL shall generate a weekly report, delivered via email by noon Tuesday, which reports the following to the district for the preceding week:

a. Id of pumps that ran

b. On and off times for each pump

c. Rpm setting, per pump, if variable

d. Calculated volume of water per pump

e. Logged flows at each pump station, from totalizing hour flow meters.

f. The official Tuesday reports shall be sent from matthew.raffenberg@fpl.com (or delegate) to both llindahl@sfwmd.gov and to tbates@sfwmd.gov (or their delegates).

H. FPL shall be capable of supplying the above data upon request at any time between Tuesday reports, within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> of the district's request.

I.

FPL shall be capable of terminating all pumping at any time, within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> an emailed request from either district party identified in 5.F.f.

J.

Each pump shall be operated by trained pump operators which will be on site 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day during operation. Security will be provided 24/7 while equipment, other than the pipes, is in the SFWMD right of way. The pump operators will have wireless communication to provide immediate response if required and this shall be verified as operable prior to pumping.

K. FPL shall wirelessly coordinate the pumping at both stations to assure that:

a. From a non-flow condition, the north station pumps shall be started first.

b. From a flow condition, the south station pumps shall be stopped first.

c. South station pumps shall be started after 5 minutes or more of north station pumps' starts, with equivalent flow maintained at both stations during operation.

d. North station pumps shall be stopped after 5 minutes or more following south station pumps' stops.

e. FPL shall provide the pump curves used to determine discharge rates to the district, for each pump, prior to their operation.

f. FPL shall monitor the canal water level utilizing staff gauges to assure that under no conditions, the water level in the south end of the L-31E canal is lower than the point at which the pumps are first started. Control of the pump output to guarantee this will include shutting one or both south pumps down and/or throttling the pumps back to match flows.

L. FPL shall ensure that the totalizing hour flow meters used at each pump station are available for periodic district inspection and verification.

6. Spill prevention A. All equipment will be bermed in accordance with FPLs Hazardous Material Emergency Response Plan and Oil Spill Prevention, Control and Countermeasure (SPCC) Plan (Procedure No. 0-ADM-034).

B. All equipment, hoses, and tanks shall be designed for use on or near water. Condition checks of all fluid containing devices shall be monitored continuously as a part of the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> pump coverage.

C. Hydraulic hoses used on the pumps north of 344th Ave shall be installed according to manufactures recommendations. The hoses shall utilize the shortest path out of the water that is available to assure good visibility for monitoring. The hoses shall be secured in place to prevent over tensioning and allow for continuous inspection.

D. The hydraulic pumps north of 344th Ave will contain only biodegradable hydraulic oil designed for use over water.

E. All fuel tanks used for the southern pumps have built in secondary containment. All fuel lines will be provided with secondary containment.

F. The pumps north of 344th Ave. will be fueled twice per day or as needed. No additional fuel storage will be in the SFWMD right of way.

G. The pumps south of 344th Ave will be fueled through nurse tanks on shore as needed.

The transfer lines between the pump and the nurse tanks will not be charged when not in use.

H. Floating boom will be staged on site for immediate deployment if needed. Enough boom to cross the canal a minimum of two times will be provided. Pump operators will be provided emergency numbers to immediately dispatch a cleanup and boom crew from the turkey point facility.

I.

A fixed oil boom will be installed both north and south of the floating pumps in the southern reach.

J.

Oil absorbent booms and pads designed to clean up petroleum spills on water will be located on site. Pump operators will be trained in the use of these materials.

K. A detected leak of any petroleum products (fuel or hydraulic oil) will result in the immediate shutdown of the pumps at both ends. The pumps will not be restarted until all issues have been resolved and the equipment cleaned to allow for continuous monitoring. Restarting will be contingent on both approval by the FPL spill response team and the SFWMD representative.

Mr. Michael Kiley UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 July 23, 2014 Turkey Point Nuclear Plant Vice President Florida Power & Light Company 9760 SW 3441" St.

Florida City, FL 33035

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION (NOED) FOR FLORIDA POWER AND LIGHT COMPANY REGARDING TURKEY POINT NUCLEAR GENERATING STATION UNITS 3 AND 4 [NOED NO. 14-2-001]

Dear Mr. Kiley:

By letter dated July 21, 2014, you requested that the NRC exercise discretion to not enforce compliance with Technical Specification (TS) 3.7.4. Your letter documented information previously discussed with the NRC in a telephone conference on July 20, 2014. The principal NRC staff members who participated in that telephone conference are listed in the enclosure.

The NRC staff determined that the information in your Jetter requesting the NOED was consistent with your verbal request.

You stated that on July 20, 2014, at 2:54p.m. (all times reference Eastern Standard Time},

Units 3 and 4 entered TS 3.7.4 Required Action for ultimate heat sink (UHS) average supply water temperature exceeding 1 OO'F and if not restored, you would be required to place the units in Mode 3 within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />, and in Mode 5 within 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br />. This would result in an unnecessary shutdown of Turkey Point Units 3 and 4 without a corresponding health and safety benefit during a period of high system load demand when the operation of the units is e~sential for grid voltage stability. You requested that a NOED be granted pursuant to the NRC's policy regarding exercise of discretion for an operating facility, set out in Section 3.8 of the NRC Enforcement Policy. The requested enforcement discretion would end after meeting one of the following conditions: (a) 10 days, or (b) the UHS temperature exceeds 103'F; or (c) the UHS peak temperature drops below 96'F for three consecutive days and is on a declining trend; or (d) receipt of approval of the requested license amendment; or (e) if the loss of Turkey Point Units 3 and 4 will not result in a North American Electric Reliability Corporation (NERC)

Emergency Alert Level (EEA) 3 alert. This letter documents the NRC's decision conveyed to you during the telephone conversation on July 20, 2014, at 6:00p.m., when the NRC verbally granted this NOED [equest. I understand that the condition causing the need for this NOED has not yet been corrected and that you will continue to monitor UHS conditions.

In June 2014, peak UHS temperatures approached the TS limit of 100'F. Your engineering and environmental analysis determined that the cooling canal system water was absorbing unusual amounts of solar energy due to a higher than normal' algae content. You stated that the algae concentration has recently been as high as 1.8 million cells per milliliter as compared to historic average values of 50,000 cells per milliliter. While immediate eradication of the algae was possible, the side effects on the canal ecosystem would be unacceptable.

M. Kiley 2

A controlled chemical treatment of the canal system was initiated and is continuing to gradually restore the normal algae content and improve heat transfer efficiency. This has reduced the algae concentration to 1.5 million cells per millimeter in the last two weeks. Additionally, the much lower than average annual rainfall and consequentially the very low canal water level has also tended to increase UHS temperature. You stated that you have performed multiple analyses that demonstrate the continued operability of Turkey Point Units 3 and 4 at cooling canal temperatures as high as 104*F. The component cooling water (CCW) heat exchanger performance monitoring program required by TS 3/4.7.2 (Surveillance Requirements 4.7.2.a and 4.7.2.b(2)) ensures that at all UHS temperatures at or below 104*F, the CCW heat exchangers are capable of removing more heat than is required by the safety analysis. It is noted that Florida Power and Light (FPL) requested amendments toTS 3/4.7.4 onjuly 10, 2014, to increase UHS average temperature limit to 104*F. On July 17, 2014, FPLrequeste.c;t that the amendment be approved on an emergency bas!s.

The NRC staff considered information obtained from the independent entity (Florida Reliability Coordinating Council) in determining if placing Turkey Point Units 3 and 4 in Mode 3 would challenge the ability to maintain an adequate voltage profile throughout the systern due to transmission constraints in specific areas and could result in adverse consequences to the health and safety of the public.

To evaluate this NOED request, NRC staff considered your following commitments: (1) to keep a third CCW heat exchanger in service which will only be removed from service for critical maintenance activities or as part of planned compensatory measures during night time hours; (2) the monthly CCW heat exchanger performance test required by TS SR 4.7.2.b(2) has been increased to weekly and will be performed at least twice weekly during the period of enforcement discretion; (3) the CCW heat exchanger cleaning frequency has been increased from one per unit bi-weekly to one per unit weekly with the time that the specified CCW heat exchanger will be out of service minimized; (4) to perform TS SR 4.7.2.a once_every hou~ during the period of enforcement discretion when the UHS temperature is greater than 99°F and will revert to once per shift when the UHS temperature is less than 98°F; (5) verification of UHS temperature will be performed at least once per bour when UHS temperature exceeds 100°F; (6) to perform Just in Time training via tabletop discussion of the "Restoration of Intake Cooling Water" and "Align Service Water to Charging Pumps" procedures; (7) switchyard work that would impact grid reliability will be restricted during the NOED period and grid conditions will be verified at least once every 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />; (8) performance of other surveillance requirements will be minimized to the extent possible without creating a situation of a missed surveillance, and elective maintenance activities that are classified as high risk due to generation threat will be minimized; (9) PRA risk for both Units 3 and 4 will be maintained GREEN during planned maintenance activities; and (1 0) to increase management oversight to resolve any issues in a timely manner. NRC staff also considered that your calculated Incremental Conditional Large Early Release Probability values for Units 3 and 4 did not exceed the threshold guidance provided in Inspection Manual Chapter 0410, "Notices of Enforcement Discretion" and were consistent with values calculated by NRC regional analysts. In addition, the conditions and actions noted above have been, and will be, subject to independent verification by NRC inspectors.

M. Kiley 3

On the basis of the NRC staff's evaluation of your request, I have concluded that granting this NOED is consistent with the Enforcement Policy and NRC staff guidance a~p has no adverse impact on public health and safety or the environment. This determination was qualitative and based upon balancing the effect on public health and safety of not operating, against the potential radiological or other hazards associated with continued operation (Inspection Manual Chapter 0410, Section 06.02.b, (i.e., natural event NOED)). Therefore, it is our intention to exercise discretion to not enforce compliance with TS LCO 3.7.4 from 6:00p.m., on July 20, 2014 until one of the previously mentioned end conditions is met. It is also noted that your emergent license amendment is being reviewed by NRC staff.

As stated in the Enforcement Policy, action will be taken, to the extent that violations were involved, for the root cause that led to the non-compliance for which this NOED was necessary.

Docket Nos.: 50-250, 50-251 License Nos.: DPR-31, DPR-41

Enclosure:

List of Participants cc: Distribution via Listserv Sincerely, IRA/

Victor M. McCree Regional Administrator

M. Kiley 3

On the basis of the NRC staffs evaluation of your request, I have concluded that granting this NOED is consistent with the Enforcement Policy and NRC staff guidance and has no adverse impact on public health and safety or the environment. This determination was qualitative and based upon balancing the effect on public health and safety of not operating, against the potential radiological or other hazards associated with continued operation (Inspection Manual Chapter 0410, Section 06.02.b, (i.e., natural event NOED)). Therefore, it is our intention to exercise discretion to not enforce compliance with TS LCO 3.7.4 from 6:00p.m., on July 20, 2014 until one of the previously mentioned end conditions is met. It is also noted that your emergent license amendment is being reviewed by NRC staff.

As stated in the Enforcement Policy, action will be taken, to the extent that violations were involved, for the root cause that led to the non-compliance for which this NOED was necessary.

Docket Nos.: 50-250,50-251 License Nos.: DPR-31, DPR-41

Enclosure:

List of Participants cc Distribution via Listserv Sincerely, IRA/

Victor M. McCree Regional Administrator X PUBLICLY AVAILABLE o NON-PUBLICLY AVAILABLE o SENSITIVE X NON-SENSITIVE I

LETIER.DOCX X SUNS! REVIEW COMPLETE

M. Kiley 4

Letter to Michael Kiley from Victor M. McCree dated July 23, 2014

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION (NOED) FOR FLORIDA POWER AND LIGHT COMPANY REGARDING TURKEY POINT NUCLEAR GENERATING STATION UNITS 3 AND 4 [NOED NO. 14-2-001]

DISTRIBUTION:

L. Douglas, Rll EICS OE Mail (email address if applicable)

RIDSNRRDIRS PUBLIC RidsNrrPMTurkeyPoint Resource

List of Participants NRC Region II Victor McCree, Regional Administrator Joel Munday, Director, Division of Reactor Projects (DRP)

Mark Lesser, Deputy Director, DRP Mark Bates, Acting Chief, Reactor Projects Branch (RPB) 3, DRP George McDonald, Senior Risk Analyst, DRP Timothy Hoeg, Turkey Point Senior Resident Inspector, DRP Matthew Endress, Turkey Point Resident Inspector, DRP NRC Headquarters Louise Lund, Director, Division of Operating Reactor Licensing (DORL), Office of Nuclear Reactor Regulation (NRR)

Ryan Lantz, Deputy Director, (DORL), NRR Lisa Regner, Chief, Plant Licensing Branch 11-2, DORL, NRR Jacob Zimmerman, Chief, Electrical Engineering Branch (EEEB), Division of Engineering (DE),

NRR Audrey Klett, Project Manager, Plant Licensing Branch 11-2, DORL, NRR Holly Cruz, Project Manager, Licensing Processes Branch (PLPB), Division of Policy and Rulemaking, NRR Timothy McGinty, Director, Division of Safety Systems (DSS), NRR Nathan Sanfilippo, Chief, Performance Assessment Branch, Division of Inspection and Regional Support (DIRS), NRR Robert Taylor, Deputy Director, DSS, NRR Greg Casto, Chief, Balance-of-Plant Branch (SBPB), DSS, NRR Robert Dennig, Chief, Containment and Ventilation Branch (SCVB), DSS, NRR Tony Zoulis, Risk Analyst, PRA Licensing Branch, Division of Risk Assessment, NRR Gerald Purciarello, Senior Reactor Systems Engineer, SBPB, DSS, NRR Ahsan Sallman, Senior Reactor Systems Engineer, SCVB, DSS, NRR Roy Mathew, Team Leader, EEEB, DE, NRR Gurcharan Matharu, Senior Electrical Engineer, EEEB, DE, NRR Enclosure

Right-of-Way Conditions FPL shall be bound by the following conditions:

1.

FPL shall install off-ramps from their ramp to the levee on the northwest and southwest corners to provide access to the District's right of way for emergency construction, operation and maintenance activities. FPL shall anchor the floating pumps depicted in Exhibit D by cables to the canal banks to keep the pumps from moving.

2.

FPL shall be responsible for the routine levee maintenance, such as, but not limited to, mowing of the overbank and side slopes.

3.

FPL shall be responsible for the removal of all materials and debris from the District's canal and right of way, and, for the repair, replacement and restoration of any sections of the District's right of way damaged or disturbed resulting from the authorized activity.

Restoration shall be to the satisfaction of the District and may include placement of filter fabric cloth, rip-rap and/or grading/re-shaping, seeding, re-sodding with Bahia, Argentine or other species recognized by the District as drought tolerant species.

4.

Should the authorized activities or placement of the authorized facilities within the District's right of way attribute to shoaling, erosion or wash-outs of the District's right of way, berm or side slope of the canal, FPL is responsible and expense to, upon notification from the District, immediately take appropriate steps to restore the right of way to the satisfaction of the District.

5.

All structures on District works or lands constructed by FPL shall remain FPL's property, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure.

6.

FPL solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and EXHIBIT E

continued maintenance of the authorized facilities/authorized use. This duty shall include, but not be limited to, FPL's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works.

FPL acknowledges that the District's review and issuance of this Order, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the authorized facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections.

FPL further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative, including, any field inspections, shall not in any way be relied upon by FPL as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by FPL in order to meet FPL's duty to incorporate safety features, as set forth above.

7.

FPL agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the Order or removal of the authorized use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.

8.

FPL bears all risk of loss as to monies expended in furtherance of this Order.

9.

This Order does not convey any property rights nor any rights or privileges other than those specified herein and this Order shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the authorized use only to the extent of its interest in the works of the District. FPL shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the Order. FPL shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been

obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee.

10.

Unless specifically prohibited or limited by statute, FPL agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private attorneys' fees/rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the authorized use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of FPL, it's employees, agents, representatives, contractors and subcontractors, District or of third parties. FPL agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.

11.

The District does not waive sovereign immunity in any respect.

12.

FPL shall not engage in any activity regarding the authorized use which interferes with the construction, alteration, maintenance or operation of the works of the District, including:

a.

discharge of debris or aquatic weeds into the works of the District;

b.

causing erosion or shoaling within the works of the District;

c.

planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the Order.

FPL shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above;

d.

leaving construction or other debris on the District's right of way or waterway;

e.

damaging District berms and levees;

f.

the removal of District owned spoil material;

g.

removal of or damage to District locks, gates, and fencing; or,

h.

opening of District rights of way to unauthorized vehicular access.

13.

The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life.

14.

FPL shall allow the District to inspect the authorized use at any reasonable time.

15.

FPL shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the authorized facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over FPL's use.

16.

FPL shall not interfere with any other existing or future permitted uses or facilities authorized by the District.

17.

The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the District or the U. S. Army Corps of Engineers for the works of the District.

18.

FPL shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility.

19.

It is FPL's responsibility to make prospective bidders aware of the terms and conditions of this Order. It shall be the responsibility of FPL's contractors to understand the terms and conditions of this Order and govern themselves accordingly.

20.

It is FPL's responsibility to bring to the attention of the District any conflict in the Order so that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final.

EXHIBIT F NOTICE OF RIGHTS Pursuant to Section 120.569(2)(n), Florida Statutes, any party adversely affected by this Order has the right to seek an injunction of this Order in circuit court or judicial review of it under Section 120.68, Florida Statutes. Judicial review must be sought by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the District, 3301 Gun Club Road, West Palm Beach, FL 33406 and by filing a copy of the notice of appeal, accompanied by the applicable filing fees with the appropriate district court of appeal. This notice of appeal must be filed within thirty (30) days after this Order is filed with the Clerk of the District.

Pursuant to Section 373.119(3), Florida Statutes, any person to whom an emergency order is directed pursuant to subsection 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

Pursuant to Section 373.114, Florida Statutes, review of this Order by the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission may be sought in accordance with the procedures stated in Section 373.114, Florida Statutes, and Chapter 42-2, Florida Administrative Code.

DISTRICT FILING INSTRUCTIONS Filings with the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted after October 1, 2014. Documents are deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.

Filings by hand-delivery must be delivered to the Office of the District Clerk.

Delivery of a document to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the document.

Filings by e-mail must be transmitted to the District Clerks Office at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.

BEFORE THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD No. 2014-078-DAO-WU/ROW/ERP IN RE:

EMERGENCY FINAL ORDER ISSUED TO FLORIDA POWER AND LIGHT FOR

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THE PURPOSE OF AUTHORIZING TEMPORARY PUMP INSTALLATION AND WATER WITHDRAWAL ALONG AND FROM THE L-31 E CANAL SYSTEM; MIAMI-DADE COUNTY, FLORIDA

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EMERGENCY FINAL ORDER Y?

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The Executive Director of the South Florida Water Management District (District),

pursuant to Sections 120.569 and 373.119(2), Florida Statutes (Fla. Stat.), after considering the recommendations of District staff and being otherwise fully appraised of the matter, issues the following Emergency Order (Order) containing Findings of Fact, Ultimate Facts and Conclusions of Law:

FINDINGS OF FACT

1.

The District is a public corporation of the State of Florida, existing pursuant to Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Fla. Stat., and Title 40E, Florida Administrative Code (Fla. Admin. Code), as a multi-purpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida.

The District has the power and duty to protect Florida's water resources and to administer and enforce the provisions of Chapter 373, 1

FPL-031

Fla. Stat., and the rules promulgated there under, Title 40E, Fla. Admin. Code. The District has jurisdiction over the matters addressed in this Order.

2.

Florida Power and Light (FPL) is a subsidiary of NextEra Energy, Inc. As a regulated utility, FPL is granted an exclusive franchise by the Public Service Commission to provide reliable and cost-effective electric service to customers, including critical infrastructure, within its service territory in Florida.

FPL's service territory covers all or parts of 35 Florida counties and serves approximately nine million customers.

3.

The customers particularly at issue in this matter are those residing in Miami-Dade and Broward counties. In these counties, FPL provides electrical service to two million customer accounts, including critical infrastructure.

4.

FPL owns and operates the electric power generating facility known as the Turkey Point Power Plant (Turkey Point) that is the subject of this emergency authorization request.

5.

Turkey Point is located in unincorporated southeast Miami-Dade County, east of Florida City and the City of Homestead.

The Turkey Point site covers approximately 11,000 acres. Turkey Point is located approximately 25 miles south of Miami and about nine miles east of Florida City.

Properties adjacent to Facility are almost exclusively undeveloped land. Turkey Point is bordered to the east by Biscayne Bay and Card Sound. A Turkey Point location map is attached and incorporated as Exhibit A.

6.

Turkey Point consists of five steam electric generating units: three fossil fuel-fired units (Units 1, 2, and 5) and two nuclear units (Units 3 and 4). Units 1 and 2 2

constructed in the late 1960s each have a continuous generating capacity of approximately 404 megawatts (MW). Operations of units 1 and 2 are on a standby basis and not routinely in service.

Unit 5 has a continuous generating capacity of approximately 1150 MW. Units 3 and 4 each have continuous generating capacity of approximately 820 MW.

7.

Units 3, 4, and 5 are certified under Florida's Power Plant Siting Act (PPSA). Units 1 and 2 pre-date the PPSA and are not certified.

8.

FPL owns and operates a cooling canal system ("CCS"), an approximately 5,900-acre network of unlined canals at Turkey Point, to provide cooling water.

Construction of the CCS was completed in 1973, and the CCS was closed from the surface waters of both Biscayne Bay and Card Sound. The CCS facilities pre-date the PPSA and are not certified. Under routine operations, there are no active surface water inflows utilized to maintain CCS water levels, temperature, or salinity.

9.

The L-31 E Canal system is of particular import to FPL's emergency authorization request. The L-31 E Canal system is part of the Central and Southern Florida Flood Control Project (C & SF Project) for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. As local sponsor, the District operates C&SF Project components, including the L-31 E Canal system and the surface water flow to tide from the associated basins consistent with the guidance provided in the United States Army Corps of Engineers Master Water Control Manual, East Coast Canals, Volume 5.

10.

The L-31 E Canal system is a borrow canal and levee system that stretches north - south both intercepting water as it flows eastward to tide in southeast 3

Dade County and providing storm surge protection. A map depicting the L-31 E Canal system is attached and incorporated as Exhibit B. The L-31 E Canal runs parallel to the South Central Biscayne Bay and across several drainage basins, six of which are named for the associated major east-west canals: Canal 100 (C-100), C-1, C-102, C-1 03, North Canal and Florida City Canal. This canal network and coastal levee system is operated for several C & SF Project purposes, including reducing the potential for flood and storm surge damage as well as limiting saline water intrusion. Water from the L-31 E is discharged to Biscayne Bay at several coastal structures, as depicted on Exhibit B.

11.

Operation of the C & SF Project coastal structure gates in this canal network controls the quantity and timing of water discharged into this portion of Biscayne Bay. Overall, these surface water inflows comprise the largest input of fresh water to Biscayne Bay in this area.

12.

In the 1990's the U.S. Army Corps of Engineers and the District developed the Comprehensive Everglades Restoration Program (CERP) which was approved by Congress in the Water Resources Development Act of 2000 (WRDA 2000).

A component of CERP includes the Biscayne Bay Coastal Wetlands Phase 1 Project.

This project component aims to restore the overland sheetflow in an area of up to 11,000 acres, and to improve the ecology of Biscayne Bay, including its freshwater and saltwater wetlands, nearshore bay habitat, marine nursery habitat, and the oyster reef community.

13.

Implementation of the Biscayne Bay Coastal Wetlands Phase 1 Project will impound and redistribute freshwater runoff from the existing canal discharges into 4

the coastal wetlands adjoining Biscayne Bay to provide a more natural and historical overland flow pattern through existing coastal wetlands and tidal creeks.

This redistribution of freshwater runoff will improve the temporal and spatial distribution of inflows to Biscayne Bay.

14.

The WRDA 2000 requires that water be reserved from allocation as an assurance that each CERP project component will meet its goals and objectives. Water is to be reserved consistent with the objectives and information contained within the Central and Southern Florida Project Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project Phase I Final Integrated Project Implementation Report and Environmental Impact Statement (PIR) and other sources of information.

15.

To this end, the District conducted technical studies identifying water to be reserved for the protection of fish and wildlife within the western near-shore portion of Central Biscayne Bay, engaged in rule development, and adopted the Nearshore Central Biscayne Bay reservation rule and associated implementation rules. (Exhibit C)

The location of the Nearshore Central Biscayne Bay as well as the associated, Project canal system is depicted in Figure 3-1 of the attached and incorporated Exhibit C.

16.

The determination of the amount of water needed for protection of fish and wildlife in the Nearshore Central Biscayne Bay reservation rule is based on meeting a year-round salinity target for the nearshore area of central Biscayne Bay of 20 (practical salinity scale) given in the PIR. More detailed analyses were performed to determine the locations and quantities of surface water for the reservation rules. This information is contained in the District's Technical Document to Support a Water Reservation Rule 5

for the Comprehensive Everglades Restoration Plan Biscayne Bay Coastal Wetlands Project (July 2013).

17.

Rule 40E-10.061, Florida Administrative Code, is the water reservation rule for the Nearshore Central Biscayne Bay.

Pursuant to this rule, surface water flowing into the Nearshore Central Biscayne Bay, as derived from various and listed contributing canal reaches, is reserved from allocation. Figure 3-4A depicts surface water flow from the C-102 + Military+ C-103 Canal through S-21A + S-20G + S-20F into Biscayne Bay during the Wet Season and is the relevant reservation for this Order; the reserved Target Flow to the Bay is 504 acre-ft I day or 254 cubic feet per second (cfs).

18.

On August 27, 2014, FPL requested the District issue an Emergency Order for temporary authorization to utilize the District's right of way and to divert and use water, above that reserved in Rule 40E-10.061, F.A.C., from the L-31 E Canal System to help moderate unusually high temperatures and salinity that are occurring in the CCS. A copy of FPL's request and related correspondence between FPL and the Nuclear Regulatory Commission is attached and incorporated as Composite Exhibit D.

In summary, FPL seeks to divert water that is available, above the water reserved by Rule 40E-1 0.061, F.A.C., which would otherwise be discharged to tide via the S-20F,S-20G and S-21A coastal structures.

District staff reviewed and considered FPL's request, the District's right of way, the infrastructure proposal, historic data, District statutory authorizations and rules, and the potential water availability and provided input to the District's Executive Director.

6

19.

In support of their emergency authorization request, FPL provided the following information which is contained in Composite Exhibit D and summarized below:

a.

United States Nuclear Regulatorv Commission (NRC) Operating Licenses for Turkey Point and CCS Temperature Requirements:

Turkey Point Power Plant Units 3 & 4 operate under a license from the Nuclear Regulatory Commission.

The original operating license included a requirement that the maximum allowed CCS water temperature on the intake or inlet side of Units 3 &

4 cannot exceed 1 00°F.

During July 2014, numerous factors contributed to higher than usual inlet temperatures in the CCS that approached 1 00°F. Also, during July-August, intake temperatures approached 102°F.

After analysis, FPL requested and received temporary approval from the NRC to temporarily deviate from the water temperature requirement as is pursued a permanent change to the plant's operating license. In parallel, FPL submitted and received (August 8, 2014) approval for a License Amendment Request (LAR) that permanently increases the CCS intake water temperature limit from 100°F to 104°F.

(Composite Exhibit D) This LAR is conditioned such that if the NRC license limit is exceeded and certain conditions met, both Turkey Point Units 3 and 4 will be required to commence shut down within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> which could impact grid reliability. If Units 3 and 4 were required to shut down, an important piece of FPL's power generation portfolio will not be available to meet the current and anticipated high electricity demand, potentially impacting electrical service to more than 2 million customer accounts in Miami-Dade and Broward Counties, including critical infrastructure.

7

b.

CCS Temperatures and Record-Breaking Power Demand: Peak demand for electric generation in south Florida is directly related to high temperatures and humidity which generally occur in the summer and early fall.

Beginning in July 2014, Turkey Point's CCS experienced higher than usual temperatures as well as record breaking electricity demand. By the end of July, CCS Plant intake temperatures exceeded 100°F and have continued to exceed 100°F during afternoon peaks, recently reaching a high of 102°F, as depicted in Composite Exhibit D.

c.

Factors Contributing to CCS Temperatures:

A number of factors are contributing to higher than usual temperatures in the CCS. These factors include: high summer temperatures; significantly less rainfall in the vicinity of Turkey Point, including rainfall at the CCS; elevated salinity; and an algae bloom.

i. Temperature Data: For the Miami-Dade and Broward areas, the average high in September is 89°F and in October it is 86°F.

CCS temperatures exceeded 100°F during July and August, 2014.

ii. Rainfall, Evaporation, Salinity, and Seepage Data:

FPL reports typical annual rainfall at Turkey Point totals range between 50 inches to 75 inches.

Normally, summer rainfall is effective in moderating the CCS water temperature and salinity. In 2013, the annual rainfall accumulation at Turkey Point measured at the CCS was less than 20 inches. As of the end of May, 2014, there had been less than 3 inches of rain at the rain station within the CCS.

Although additional rainfall has occurred in June and July, the 8

overall rainfall remains less than 26 inches at the CCS, compared to 40 inches at the Miami Airport during the same timeframe.

Moreover, FPL data indicates that the high evaporation, averaging 34 MGD, and losses to groundwater, averaging 12 MGD, have resulted in more water leaving the CCS than is being provided from the aquifer or rainfall and ultimately concentrating salinity in the CCS. FPL reports the CCS salinity has reached levels near 90 ppt, compared to historic levels of approximately 60 ppt.

iii. Algae Bloom: FPL indicates the above described conditions have allowed an algal bloom in the CCS to persist and affect Plant operations. The algae concentration, prior to treatments beginning mid-summer, was as high as 1.8 million cells per milliliter, far exceeding the historic average values of 50,000 cells per milliliter.

Recent FPL treatments have reduced the algae concentrations.

However, the turbidity associated with the algae bloom has caused unusual amounts of solar energy to be absorbed in the CCS, thereby increasing CCS temperatures.

FPL reports effective treatment of the algae will require the salinity to be reduced to bring the dead algae out of suspension, which is necessary to reduce CCS temperatures and, thereby, restore the heat exchange capacity of the CCS.

Detailed information concerning the CCS algae bloom are contained in Composite Exhibit D, particularly the correspondence between FPL and the NRC.

9

d.

FPL's Request for Temporary, Emergency Water Supply:

In summary, FPL requests an immediate, temporary emergency authorization from the District to allow FPL to access the District's right of way, connect to the L-31 E canal, and conditionally withdraw stormwater from the L-31 E Canal, and convey this water to the CCS with above-ground piping. Composite Exhibit D contains the design details for FPL's request.

FPL's proposed operational plan synchronizes the volumes and rates of its northern and southern pumping operations so as to avert dewatering of wetlands adjacent to the L-31 E canal. A portion of the proposed infrastructure involves temporary installation of pipes across wetlands.

20.

Temporary installation of the pipes within wetlands, as shown in Exhibit D, will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the District.

Based on the design proposed in Exhibit D, FPL's proposed, temporary installation qualifies for an exemption from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

21.

Water levels in the L-31E Canal system, the proposed water supply source, are influenced by the operation of coastal canal structures. Operation of the S-20F, S-20G and S-21A are performed consistent with guidance from the United States Army Corps of Engineers regulation schedule and Master Water Control Manual, East Coast Canals, Volume 5. Under normal operating conditions for April 30 - October 15 the S-20F, S-20G, and S-21A structures are operated in the "high range" meaning discharges to tide are conditionally made when stages upstream of the structure 10

including stages within the L-31 E Canal are 2.2 ft. NGVD or higher and the gates are closed when headwater stages drop to 1.8 ft NGVD.

22.

Operational records of the District show combined average daily flow from the C-1 02, Military, C-103 canals through Structures S-21A, S-20G, and S-20F, respectively, into this portion of Biscayne Bay are 481 cfs during the month of August (1993 -

2013) and 620 cfs for the month of September (1993 - 2013), with daily combined flows ranging from 0 to more than 3,000 cfs during these months.

23.

The combined reserved target flow for structures S-21A, S-20G, and S-20F is 254 cfs suggesting that there is a reasonable expectation that daily flows exceeding the reservation target flows will occur during the months of August and September.

24.

Based on FPL's request and the above-described facts, the Executive Director of the District has considered this matter and finds that an emergency exists and the emergency measures proposed herein are necessary to protect the public health, safety or welfare.

ULTIMATE FACTS AND CONCLUSIONS OF LAW

25.

Section 373.119(2), Fla. Stat., and Rule 28-106.501, Fla. Admin. Code, authorize the Executive Director of the District, in the event of an emergency requiring immediate action to protect the public health, safety or welfare, with the concurrence of the Governing Board, and without prior notice, to issue an order reciting the existence of such an emergency and requiring that such action be taken as deemed necessary.

Section 120.569, Florida

Statutes, also authorizes issuance of emergency authorizations.

Moreover, the District is authorized, in summary, to regulate 11

connections and use of the District's rights of way, use of water, construction of new diversion facilities, initiation of new water uses, diversion and withdrawal facilities pursuant to a variety of statutes. (e.g.: §§373.083, 373.085, 373.086, 373.1501, 373.171, 373.219, Florida Statutes)

The proposed activities are exempt from the requirement to obtain an environmental resource permit pursuant to subsection 373.406(6), Florida Statutes.

26.

As to right of way matters, Rules 40E-6.451 and 40E-6.481, Fla. Admin.

Code, further provide an emergency exists when immediate action is necessary to protect lives or property.

27.

Pursuant to statutory authorizations, FPL's request and supporting documents, and the facts described herein, the Executive Director finds that an emergency exists requiring immediate action necessary to protect the public health, safety, or welfare. The Executive Director also finds the wetland impacts identified in Exhibit D and authorized by this Order qualify for a Section 373.406(6), Fla. Stat.,

exemption.

28.

The action authorized by this Emergency Order is appropriate to address this emergency situation.

29.

The L-31 E Canal system is part of the C&SF Project for which the District is the designated local sponsor pursuant to Section 373.1501, Fla. Stat. Pursuant to Sections 373.085 and 373.086, Fla. Stat., the District is authorized to operate the C&SF Project, including the S-20 Structure and the L-31 E Canal system.

12

ORDER Based upon the Findings of Fact, Ultimate Facts and Conclusions of Law, the Executive Director orders FPL is authorized to undertake the following, temporary actions in accordance with the conditions stated herein:

30.

Temporary Utilization of District Right of Way:

a.

Authorized Facilities and Installation: FPL is authorized to install the infrastructure depicted in Exhibit Don the District's L-31 E Canal right of way.

The design details, including facility description and location, authorized by this Order are contained in the attached and incorporated Exhibit D. To the extent the information contained in Exhibit D conflicts with the terms and conditions of this Emergency Order, this Emergency Order shall control. FPL shall install, operate, and maintain the temporary withdrawal facilities and associated equipment in accordance with this Order.

Any deviations from the design schematics identified in Exhibit D shall be presented to the District for approval prior to installation of the modified design. These facilities are temporarily authorized for the purpose of diverting and use water from the L-31 E Canal system to help meet its cooling water needs pursuant to the following conditions.

b.

Right of Way Installation Conditions:

i.

Installation Coordination:

Prior to commencement of construction or utilization of the District's right of way and, again, upon completion of the installation of the authorized facilities, FPL is required to contact the District's Field Representative, Mike Worley of the District's Homestead Field Station, (954)410-7383, and schedule a pre-construction 13

meeting and final inspection.

The District's Homestead Field Station Superintendent is authorized to make field changes to installations or operations described herein to better achieve the District's objectives; such changes shall be subsequently documented in writing and communicated by the District to FPL.

ii.

Site Security:

The pumps at both the north and south pumping sites shall be manned continuously throughout the entire time the pumps are deployed pursuant to this Order. The south pumping site shall be manned by a pump operator provided by the pump manufacturer.

iii.

Right of Way Conditions: FPL is required to comply with all Right of Way conditions contained in the body of this Order and attached and incorporated Exhibit E.

31.

Temporary Water Withdrawal Authorization:

a.

Authorization to Withdraw and Use Water. if available. from the L-31 E Canal System:

i.

Water Availability Restriction:

FPL is prohibited from withdrawing and using water from the L-31 E Canal system that is reserved for fish and wildlife by Rule 40E-10.061, F.A.C., for the Nearshore Central Biscayne Bay.

The only water available for the purpose of this Order is that water which would otherwise be discharged to tide from either the S-20F, S-20G, and S-21A structures and is in excess of the flows reserved for protection of fish and wildlife in Rule 40E-1 0.061, F.A.C. This available surface water may, temporarily, be withdrawn and used within FPL's 14

cooling canal system in accordance with the conditions as set forth herein.

There are no assurances provided by this Order that water will be available for FPL's withdrawal and use on any given day.

ii.

District's Daily Determination of Water Availability and FPL Pump Operation:

On a daily basis, the District will determine the amount and timing that FPL may operate the pumps and facilities authorized herein to withdraw water from the L-31 E Canal system. Only when the combined flows to tide through coastal structures S-20F, S-20G, and S-21A exceed 254 cfs will the District determine the amount and timing water available for a FPL pump operation.

The rate and volume of a potential FPL withdrawal, if any, shall be determined by the District, no later than 10:00 a.m., each day and for the duration of this Order. The District's daily determination of water availability shall cover a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period and last until no later than 9:59 a.m. the next day. In the event the District does not provide any written direction to FPL in accordance with this paragraph, then FPL shall cease all pumping until further notice.

iii.

Communication of Water Availability Determination: The District's Operation Control Center will communicate its daily water availability determination to FPL by e-mail, to the FPL's designated contact(s):

Matthew Raffenberg, or his

designee, at Matthew.Raffenberg@fpl.com. The District's Operation Control Center may be contacted 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, 7 days a week at:

561-682-6116 and 15

occ@sfwmd.gov. FPL may not commence any daily withdrawal operations prior to this District communication confirming water availability.

iv.

Monitoring and Reporting: FPL shall monitor and report the amount of water diverted from the L-31 E Canal system to its cooling canal system.

When FPL withdraws water, then FPL must generate a daily report including the following detailed information:

(1) the water availability determination for each day as provided by the District's Operational Control Center, (2) identification of which pump(s) were used over the course of the day; (3) time on and time off, per pump; (4) RPM setting, per pump, if variable; (5) calculated volume of water pumped, per pump; and (6) cumulative log flows at each pump station. In addition, the report shall include hourly stage data for the L-31 E Canal measured at TPSW-1 and TPSW-2 for the weekly reporting period, whether or not the pumps operated. Water quality grab samples consisting of conductivity, turbidity, total kjedahl nitrogen, nitrate nitrite as N, phosphorus, ortho phosphorus,

ammonia, and TRPH (total recoverable peteroleum hydrocarbons, also known as Florida Petroleum Residual Organic or "FL-PRO") shall be collected prior to initiation of pumping pursuant to this Order and once a week thereafter for the duration of this Order. These samples shall be collected at TPSW-1 and TPSW-2. FPL shall make the sampling logs and lab reports available upon request. The report shall reference this Order and be submitted by noon, Tuesday of each week for all withdrawals occurring during the preceding week. (The preceding week 16

reporting period is considered Monday at 1:00 a.m. through Sunday midnight.) The report shall be e-mailed to both the District's Assistant Executive Director, Len Lindahl at llindahl@sfwmd.gov and Terrie Bates, Division Director -

Water Resources, at tbates@sfwmd.gov.

Upon Executive review of the weekly report, conference calls may be required.

Additionally, the District may request available monitoring data at any time and FPL shall provide the same within two hours of the District's request.

v.

Special Pump Station Criteria:

(a)

The District may require FPL to terminate pumping at any time.

Upon receipt of any oral or written request from the District to terminate pumping, FPL must cease pumping within two (2) hours.

(b)

FPL shall wirelessly coordinate the pumping at both stations to assure that, from a non-flow condition, the north station pumps shall be started first.

The south station pumps shall be started within 5 minutes of the north station pumps start, with an equivalent flow. Similarly, when pump operation ceases, the south station pumps shall cease first and the north station pumps shall cease within 5 minutes.

vi.

Pump Requirements:

(a)

Pump On I Off Switches:

Each pump authorized pursuant to this Order shall be equipped with an operable, 17

remote pump operational device prior to initiating pump operations.

(b)

Pump discharge curves:

Pump discharge curves used in determining rates of discharge while pumps are operating, as deployed in the field, shall be provided to the District prior to pump operation for the purpose of calculating flow rates and volumes.

(c)

Totalizing Hour Meters:

FPL shall install totalizing hour meters at each pump authorized by this Order and such meters shall be available for periodic District inspection and verification.

32.

Section 373.406(6), F.S., Exemption Conditions:

a.

No permanent fill shall be placed in the wetland area described in Exhibit D.

b.

All activities which qualify for the subject exemption shall be conducted and operated using appropriate best management practices and in a manner which does not cause a violation of water quality standards, pursuant to Chapter 62-302, Florida Administrative Code.

c.

The District's determination that the proposed temporary placement of pipes, pumps, and associated infrastructure qualifies as an exempt activity may be revoked if the installation is substantially modified from that described in Exhibit D, if the basis for the exemption is determined to be materially incorrect, or if the installation results in violation of state water quality standards.

Any 18

changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore, FPL is advised to contact the District before beginning any work in wetlands or surface waters which is not specifically described in Exhibit D.

d.

Upon termination of this Order, all pipes, mats, other materials and equipment shall immediately be removed from the wetland to allow the wetland vegetation to recover.

33.

Immediate Facility Removal and Reinstallation:

a.

Prior to a Storm Event: FPL shall remove the temporary withdrawal facilities authorized by this Order located within the District's right of way within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of notice from the District. The temporary withdrawal facilities should be maintained and secured so as to not impede the District's ability to make flood control releases in advance of a storm event.

b.

After a Severe Storm Event: FPL shall notify the District of its intent to reinstall the temporary withdrawal facilities in the District's right-of-way at least three (3) business days before such reinstallation is scheduled to occur.

34.

All documents, plans, and reports required by this Order shall be submitted to Len Lindahl via email at llindahl@sfwmd.gov and Terrie Bates via email at tbates@sfwmd.gov.

35.

Miscellaneous Conditions:

a.

This Order authorizes FPL to take actions under Chapter 373, Fla.

Stat., as provided herein. This Order does not relieve FPL from the requirements to obtain any other federal, state, or local authorizations.

19

b.

This Order does not constitute a water use or right-of-way permit or grant any legal right to water as set forth in Chapter 373 Fla. Stat., and associated District rules and regulations over the water intercepted and stored under this Order.

c.

This Order does not convey any property right to FPL, nor any rights and privileges other than those specified in this Order. This Order shall not be construed as an abandonment or any other such impairment or disposition of the District's property rights.

d.

This Order shall not be construed as a substitute for, or waiver of, any right-of-way, surface water management, water use, or other permits required of FPL under the District's rules and regulations.

e.

FPL shall insure that harmful impacts to the water resources, off-site land uses, or existing legal uses of water do not occur as a result of this Order. In the event such harmful impacts result from actions authorized by this Order, FPL shall implement all actions, as directed by the District, to cease such harmful impacts and, if necessary, to mitigate such impacts. Failure to comply with this requirement shall be considered a violation of this Order.

f.

Failure to comply with the terms of this Order shall constitute a violation of a District Order under Chapter 373, Fla. Stat., and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

g.

The District reserves the right to initiate appropriate legal action, to impose civil penalties, and collect attorney's fees and costs to enforce the terms of this Order.

20

h.

This Order may be modified or amended at any time, as appropriate for the protection of the public health, safety, and welfare and the water resources of south Florida by the Governing Board, Executive Director, or Executive Director's designee.

i.

The Executive Director or Executive Director's designee may require FPL to remove all or part of the authorized facilities and cease withdrawal and I or use activities under this Order at any time.

j.

The District's immunity from liability under Section 373.443, Florida Statutes, for any damages that might result from the activities authorized under this Order, shall not be diminished by the terms of this Order, or any activities taken pursuant to this Order.

k.

Failure to comply with the conditions contained within this Order shall constitute a violation of a District Order under Chapter 373, Florida Statutes, and enforcement proceedings may be brought in any appropriate administrative or judicial forum.

I.

If the District petitions or sues for enforcement of the terms of this Order, the District reserves the right to initiate appropriate legal action, to impose civil penalties and collect attorney's fees and costs.

36.

Termination: This Order shall terminate on the earliest of: (1) failure to receive Governing Board concurrence at their next regularly scheduled meeting, (2)

October 15, 2014, or (3) at any time upon written notice from the District's Executive Director or the Executive Director's designee.

21

37.

Required Facility Removal: Within 30 days of termination of this Order, FPL shall remove all temporary withdrawal facilities and associated infrastructure authorized by this Order, including the pipes buried under 3441h Avenue. Moreover, FPL shall properly restore the right-of-way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the temporary withdrawal facilities and associated infrastructure authorized by this Order and associated equipment and FPL shall be responsible for all removal and restoration costs.

38.

A Notice of Rights attached hereto as Exhibit F.

39.

This Order shall take effect upon execution by the Executive Director of the District and shall expire as provided herein. This Order is subject to the Governing Board's concurrence at its next regularly scheduled Governing Board meeting.

DONE AND SO ORDERED in West Palm Beach, Florida, on this 28th day of August, 2014.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT By its Executive Director

---~~~~

Blake C. Guillory,_£:::~

Executive Director Legal Form Approved:

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Elizabeth D. Ross, Esq.

22

4 EXHIBIT A H

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C-1 1 EROSION CONTROL PLAN 1"= 2000' (22x34) 1"= 4000' (11x17)

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C-102 EXHIBIT B

Rules of the South Florida Water Management District Water Reservations CHAPTER 40E-10, F.A.C.

Effective: July 16, 2014 EXHIBIT C

Chapter 40E-10 Water Reservations Effective: 7/16/2014 1

CHAPTER 40E-10 WATER RESERVATIONS 40E-10.011 Policy and Purpose 40E-10.021 Definitions 40E-10.031 Water Reservations Implementation 40E-10.041 Water Reservation Areas: Lower West Coast Planning Area 40E-10.051 Water Reservation Areas: Upper East Coast Planning Area 40E-10.011 Policy and Purpose.

The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations are implemented in the water use program pursuant to Chapter 40E-2, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 7-14-14.

40E-10.021 Definitions.

(1) Fakahatchee Estuary - The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary.

(2) Picayune Strand - The area located southwest of the Florida Panther National Wildlife Refuge, north of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fakahatchee Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.

(3) North Fork of the St. Lucie River - The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, y1116105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41) as depicted in Appendix 2, Figure 2-1.

(4) Nearshore Central Biscayne Bay - The area within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to north of Turkey Point as depicted in Figure 3-1.

(5) Caloosahatchee River - The surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay, as defined in subsection 40E-8.021(2), F.A.C.

(6) Caloosahatchee River (C-43) West Basin Storage Reservoir - A reservoir located in Hendry County, Florida, west of the City of LaBelle on the east side of the Townsend Canal and south of SR 80 as described in Appendix 1-12, and depicted in Figure 1-13 (also known as the C-43 Reservoir).

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14.

40E-10.031 Water Reservations Implementation.

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.301, F.A.C., and Section 3.11 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rules 40E-2.091, F.A.C., are met.

(2) Water reserved for the protection of fish and wildlife contained within the Picayune Strand and Fakahatchee Estuary is defined in subsections 40E-10.041(1)-(2), F.A.C.

(3) Water reserved for the protection of fish and wildlife contained within the North Fork of the St. Lucie River is defined in subsection 40E-10.051(1), F.A.C.

(4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne Bay is defined in subsections 40E-10.061(1)-(2), F.A.C.

(5) Water reserved for the protection of fish and wildlife contained within and released, via operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is defined in subsection 40E-10.041(3), F.A.C.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 2

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-14-14, 7-16-14.

40E-10.041 Water Reservation Areas: Lower West Coast Planning Area.

(1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.:

(a) Surface waters:

1. All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1).

2. All surface water flowing into the Picayune Strand identified below is reserved from allocation:

i. The surface water flows depicted on Figures 1-4.A, B, and C, simulated at weir Miller2 within the Miller Canal (see Figure 1-2);

ii. The surface water flows depicted on Figures 1-5.A, B, and C, simulated at weir FU3 within the Faka Union Canal (see Figure 1-2); and iii. The surface water flows depicted on Figures 1-6.A, B, and C simulated at spillway Lucky LA within the Merritt Canal (see Figure 1-2).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Picayune Strand is reserved from allocation.

Notwithstanding the above, presently existing legal uses for the duration of the permit existing on July 2, 2009 are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S.

(2) Fakahatchee Estuary as defined in subsection 40E-10.021(1), F.A.C.:

(a) Surface waters:

The surface water flows into the Fakahatchee Estuary identified below are reserved from allocation:

1. The surface water flows depicted on Figures 1-7.A, B, and C simulated at Faka Union Canal at structure FU1 (See Figure 1-3);

2. The surface water flows depicted on Figures 1-8.A, B, and C simulated at Miller@41 transect (beginning at coordinate 471365.13N, 599423.29 E Southeast to 479226.67N, 595105.77E (delivering surface water to Blackwater Bay and Buttonwood Bay) see Figure 1-3);

3. The surface water flows depicted on Figures 1-9.A, B, and C simulated at FU@41 transect (beginning at coordinate 480427.89N, 595005.67E Southeast to 487735.34N, 592478.09E (delivering surface water to Pumpkin Bay) see Figure 1-3);

4. The surface water flows depicted on Figures 1-10.A, B, and C simulated at Merritt@41 transect (beginning at coordinate 490942.49N, 593218.49E flowing Southeast to 499050.54N, 590515.81E (delivering surface water to Faka Union Bay) see Figure 1-3); and

5. The surface water flows depicted on Figures 1-11.A, B, and C simulated at Fakahatchee@41 transect (beginning at coordinate 498623.81N, 587955.37E Southeast to 533587.95N, 575807.53E (delivering surface water to Fakahatchee Bay) see Figure 1-3).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Fakahatchee Estuary is reserved from allocation.

Notwithstanding the above, presently existing legal uses for the duration of the permit existing on July 2, 2009 are determined to be not contrary to the public interest, pursuant to Section 373.223(4), F.S. Reservations contained in this subparagraphs 1. and 2. above shall be reviewed in light of changed conditions or new information by December 31, 2014.

(3) Caloosahatchee River (C-43) West Basin Storage Reservoir:

(a) All surface water contained within and released, via operation, from the Caloosahatchee River (C-43) West Basin Storage Reservoir is reserved from allocation.

(b) The water reserved under this subsection will be available for fish and wildlife upon a formal determination of the Governing Board, pursuant to state and federal law, that the Caloosahatchee River (C-43) West Basin Storage Reservoir is operational.

(c) The reservation contained in this subsection and the criteria contained in Section 3.11.4 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to subsection 373.223(4), F.S., in light of changed conditions or new information and prior to the approval described in paragraph (3)(b) above.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 3

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14.

40E-10.051 Water Reservation Areas: Upper East Coast Planning Area.

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.:

Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 2, Figure 2-2; are reserved from allocation. The water reserved under this Rule will be available for fish and wildlife upon formal determination of the Governing Board, pursuant to state and federal law, that any one or all of the Comprehensive Everglades Restoration Plans C-23/C-24 North and South Reservoirs and STA Project are operational.

Reservations contained in this Rule and the criteria contained in section 3.11.2 of the Applicants Handbook for Water Use Permit Applications within the South Florida Water Management District, incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and concurrent with the approval specified, above.

Notwithstanding the above, presently existing legal uses for the duration of a permit existing on March 18, 2010 are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New-3-18-10, Amended 7-21-13, 7-14-14.

40E-10.061 Water Reservation Areas: Lower East Coast Planning Area.

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.:

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1).

(2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is reserved from allocation:

(a) Surface water flows depicted on Figures 3-2.A and 3-2.B through S-123 derived from the following contributing canal reaches:

1. The C-100A canal upstream of S-123 to S-120 including all integrated conveyance canals.

2. The C-100C canal upstream of S-123 to S-119 including all integrated conveyance canals.

3. The C-100B canal upstream of S-123 to S-122 including all integrated conveyance canals.

4. The C-100 canal upstream of S-123 to S-118 including all integrated conveyance canals.

(b) Surface water flows depicted on Figures 3-3.A and 3-3.B through S-21 derived from the following contributing canal reaches:

1. The L-31E borrow canal upstream of S-21 to the canal terminus.

2. The C-1 canal upstream of S-21 to S-122 and S-149 including all integrated conveyance canals.

3. The C-1 canal upstream of S-21 to the C-1W canal and S-338 including all integrated conveyance canals.

(c) Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A, S-20G, and S-20F as derived from the following contributing canal reaches:

1. The C-102 canal connecting to the C-102 N canal upstream of S-21A to S-195.

2. The C-102 canal upstream of S-21A to S-165

3. The L-31E borrow canal upstream of S-21A to its terminus near S-21 including the Goulds Canal.

4. The L-31E borrow canal upstream of S-21A south to S-20G.

5. The Military canal upstream of S-20G.

6. The C-103 canal upstream of S-20F to S-179.

7. The L-31E borrow canal upstream of S-20F to S-20G including all integrated conveyance canals.

8. The L-31E borrow canal from S-20F south to the North Canal.

9. The North Canal.

10. The L-31E borrow canal from S-20F south to the Florida City Canal.

11. The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E borrow canal.

Notwithstanding the above, presently existing legal uses for the duration of a permit existing on July 18, 2013, are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

Reservations contained in the section shall be reviewed in light of changed conditions or new information.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 4

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History-New 7-21-13.

APPENDIX 1 LOWER WEST COAST PLANNING AREA 1-1 LEGAL DESCRIPTION OF PICAYUNE STRAND AS DEFINED IN SUBSECTION 40E-10.021(1), F.A.C.

A tract of land in Townships 50, 51 and 52 South, Ranges 27 and 28 East, Collier County, Florida, more particularly described as follows:

Beginning at the Southeast Corner of Section 25, Township 51 South, Range 28 East, Collier County, Florida, run S 89°10'50 W, 2659.84 feet to the South Quarter Corner of said Section 25; thence S 89°09'41 W, 2659.37 feet to the Southwest Corner of said Section 25; thence S 00°19'11 W, 2611.61 feet to the East Quarter Corner of Section 35 of said Township 51 South, Range 28 East; thence S 88°56'33 W, 2652.73 feet to the Northeast Corner of the Southwest Quarter of said Section 35; thence S 00°18'15 W, 2614.86 feet to the South Quarter Corner of said Section 35; thence S 88°54'23 W, 2650.59 feet to the Southwest Corner of Section 35; thence S 88°50'39 W, 2639.94 feet to the South Quarter Corner of Section 34 of said Township 51 South, Range 28 East; thence S 89°00'23 W, 2652.66 feet to the Southwest Corner of said Section 34; thence S 88°44'21 W along the north line of the Northeast Quarter of Section 4, Township 52 South, Range 28 East, 1450.32 feet to the Northeast Corner of those lands described in Official Record Book 2624, Page 2509, Public Records of Collier County, Florida; thence S 00°27'37 E along the east line of said lands, 6308.01 feet; thence continuing along said east line, S 89°34'56 W, 16.37 feet; thence continuing along said east line, S 00°25'04 E, 360.00 feet to the north right-of-way line of U.S. Highway 41; thence westerly along the north right-of-way line of U.S. Highway 41, S 84°52'54 W, 327.99 feet; thence N 05°07'06 W, 39.00 feet to a point on a non-tangent curve; thence westerly 900.69 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 28°07'18 and a chord of 891.68 feet, bearing N 81°03'27 W; thence S 23°00'12 W, 39.00 feet; thence N 66°59'48 W, 5570.19 feet to a point of curvature; thence northwesterly 800.00 feet along the arc of a curve, concave to the southwest, having a radius of 17224.80 feet, a central angle of 02°39'40 and a chord of 799.93 feet, bearing N 68°19'38 W to a point of tangency; thence N 69°39'28 W, 6844.52 feet; thence N 20°20'32 E, 39.00 feet to a point on a non-tangent curve; thence northwesterly 671.08 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 20°57'10 and a chord of 667.35 feet, bearing N 59°1053 W; thence S 41°1743 W, 39.00 feet; thence N 48°42'17 W, 6815.31 feet to a point of curvature; thence northwesterly 442.16 feet along the arc of a curve, concave to the southwest, having a radius of 725.20 feet, a central angle of 34°56'02 and a chord of 435.35 feet, bearing N 66°10'19 W to a point of tangency; thence N 83°38'20 W, 300.77 feet to the intersection of the north right-of-way line of U.S. Highway 41 with the west line of Section 36, Township 51 South, Range 27 East; thence N 00°03'59 E along the west line of said Section 36, 1586.32 feet to the Northwest Corner of Section 36; thence N 01°15'40

W, 2658.40 feet, to the West Quarter Corner of Section 25 of said Township 51 South, Range 27 East; thence N 01°17'06 W, 2656.42 feet to the Northwest Corner of said Section 25; thence N 01°16'05 W, 2655.83 feet to the West Quarter Corner of Section 24 of said Township 51 South, Range 27 East; thence N 01°16'15 W, 2656.76 feet to the Northwest Corner of said Section 24; thence N 00°19'01 E, 2764.38 feet to the West Quarter Corner of Section 13 of said Township 51 South, Range 27 East; thence N 00°19'04 E, 2764.32 feet to the Northwest Corner of said Section 13; thence N 01°15'53 E, 2764.69 feet to the West Quarter Corner of Section 12 of said Township 51 South, Range 27 East; thence N 01°16'08 E, 2764.72 feet to the Northwest Corner of said Section 12; thence N 00°37'07 E, 2763.78 feet to the West Quarter Corner of Section 1 of said Township 51 South, Range 27 East; thence N 00°35'09 E, 2732.08 feet to the Northwest Corner of said Section 1; thence N 01°09'58 E, 2697.35 feet to the West Quarter Corner of Section 36 of Township 50 South, Range 27 East; thence N 01°1425 E, 2554.73 feet to the Northwest Corner of said Section 36; thence N 00°49'11 E, 2618.76 feet to the West Quarter Corner of Section 25 of said Township 50 South, Range 27 East; thence N 01°30'13 E, 2623.02 feet to the Northwest Corner of said Section 25; thence N 01°14'51 E, 2643.78 feet to the West Quarter Corner of Section 24 of said Township 50 South, Range 27 East; thence N 00°5545 E, 2647.27 feet to the Northwest Corner of said Section 24; thence N 89°0428 W, 2655.08 feet to the South Quarter Corner of Section 14 of said Township 50 South, Range 27 East; thence N 89°0609 W, 2673.56 feet to the Southwest Corner of

Chapter 40E-10 Water Reservations Effective: 7/16/2014 5

said Section 14; thence N 01°2052 E, 2642.45 feet to the West Quarter Corner of said Section 14; thence N 01°02'27 E, 2638.34 feet to the Northwest Corner of said Section 14; thence S 88°5718 E, 2650.45 feet to the North Quarter Corner of said Section 14; thence S 89°1605 E, 2679.46 feet to the Northeast Corner of said Section 14; thence N 00°32'07 E, 2629.53 feet to the West Quarter Corner of Section 12 of said Township 50 South, Range 27 East; thence N 00°05'55 E, 2655.64 feet to the Northwest Corner of said Section 12; thence N 00°35'20 E, 2638.33 feet to the West Quarter Corner of Section 1 of said Township 50 South, Range 27 East; thence N 09°11'51 W along the west line of the Northwest Quarter of said Section 1 a distance of 2352.20 feet to the intersection with the south line of the south drainage right-of-way of Interstate 75; thence easterly along said line, N 89°4016 E, 2640.00 feet; thence S 88°14'35 E, 2676.02 feet; thence S 89°13'04 E, 2656.26 feet; thence N 89°51'50 E, 2650.84 feet; thence N 89°2853 E, 2647.15 feet; thence S 89°5338 E, 2654.08 feet; thence S 89°59'57 E, 2650.10 feet; thence N 89°51'03 E, 2650.97 feet; thence S 89°32'18 E, 2648.17 feet; thence N 89°47'26 E, 2686.92 feet; thence N 00°23'28 W, 124.56 feet; thence S 89°54'09 E, 2649.59 feet; thence S 89°56'18 E, 2651.63 feet; thence N 89°41'16 E, 2652.50 feet; thence S 89°49'15 E, 2651.54 feet to the intersection of the south line of said south drainage right-of-way with the east line of Section 1, Township 50 South, Range 28 East; thence S 00°18'22 E along the east line of the Northeast Quarter of said Section 1 a distance of 2460.78 feet to the East Quarter Corner of said Section 1; thence S 00°18'26 E, 2663.16 feet to the Southeast Corner of said Section 1; thence S 00°19'17 E, 2661.71 feet to the East Quarter Corner of Section 12 of said Township 50 South, Range 28 East; thence S 00°18'47 E, 2661.88 feet to the Southeast Corner of said Section 12; thence S 00°18'10 E, 2662.06 feet to the East Quarter Corner of Section 13 of said Township 50 South, Range 28 East; thence S 00°18'16 E, 2662.13 feet to the Southeast Corner of said Section 13; thence S 00°18'16 E, 2662.14 feet to the East Quarter Corner of Section 24 of said Township 50 South, Range 28 East; thence S 00°17'28 E, 2661.81 feet to the Southeast Corner of said Section 24; thence S 00°17'38 E, 2674.16 feet to the East Quarter Corner of Section 25 of said Township 50 South, Range 28 East; thence S 00°10'00 E, 2674.56 feet to the Southeast Corner of said Section 25; thence S 00°13'47 E, 2674.47 feet to the East Quarter Corner of Section 36 of said Township 50 South, Range 28 East; thence S 00°13'47 E, 2674.49 feet to the Southeast Corner of said Section 36; thence S 00°51'18 E, 2682.32 feet to the East Quarter Corner of Section 1 of Township 51 South, Range 28 East; thence S 00°51'18 E, 2682.32 feet to the Southeast Corner of said Section 1; thence S 00°28'26 W, 2596.09 feet to the East Quarter Corner of Section 12 of said Township 51 South, Range 28 East; thence S 00°41'47 W, 2598.68 feet to the Southeast Corner of said Section 12; thence southerly along the east line of Section 13, Township 51 South, Range 28 East, S 00°35'55 W, 5191.01 feet to the Southeast Corner of said Section 13; thence S 00°36'41 W, 2596.95 feet to the East Quarter Corner of Section 24 of said Township 51 South, Range 28 East; thence S 00°34'08

W, 2597.43 feet to the Southeast Corner of said Section 24; thence S 00°33'57 W, 2596.90 feet to the East Quarter Corner of Section 25 of said Township 51 South, Range 28 East; thence S 00°34'27 W, 2597.76 feet to the Southeast Corner of said Section 25 and the Point of Beginning.

Chapter 40E-10 Water Reservations Effective: 7/16/2014 6

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 7

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 8

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 9

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 10 Flour*1-6.8 Surfac* Water lnftowFrom Faka Union CWI&tl Nul' 1.15 V~um* Probability Curve

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 11 1.400 1.200 1.000 Flow(Acr.taet/Oay, eoo Figure1-6.A Surtac& Water Infl ow From M&rritt C;u>al Neao-1*75 Volwne Probability Curve *1988 Through 2000 70'1!.

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 12 IXO IIXJl flewtAa fl.......

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 14 Flgure1-8.A SimUlated Surface Water Deliveries to Blac~water Bay and Buttonwood Bay from Miller Canal FlowwayNoor US 41 Volume Probability Curve - 1988 Through 2000 2.500 r--------------------------------..,

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 15 Flguro1-8.C Simulated Surface Wator Oellvtrlu to Blackwater Bay and Buttonwood Bay From l\\1111er canal Flowway Nta< us 41 Dry Season Volume Probability c.. ve (Nov 1

• May 31) 2.500 ~--------;:::::::::;::::::;:;::;=:;---------,

~IN(T>IQtl. 2000 v-j 2.000 500

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0 iL Per~ent of Tim* Equaled qr Exceeded Figure 1*9.A Simulated S..tace Waler Oellverlu to Pumpkin Bay From Faka Union Flowway Near US 41 Volume Probability Curve - 1988 Through 2000 1000.0

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110.0.. too a..

Percent of Time Equaled or Exceeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 16 10000 QOO.O 8000 700.0

~ eooo i;: 5000

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Percent of Time Equaled or Exceeded Figure1-9.C Simulated Surface Water Oolivori05 to Pt.mpkin Bay from Falla Union Floww~y Near us 41 Dl)' Season Volume Probability Curve (Nov1 -May 31) 10.011>

20.011o

10.0010 *o.O'IO

~o (Ill, 110 Olb 10 011<o eo Olb llO 011o 100 OOMo Percent of Time Equaled or E<eeeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 17 Figure1-10.A Simulated Surface Walor Dellvorios lo Falca Union Bay From Merritt Clonal FlowwayNo;or US41 Volume Probability Curve -1988 Through 2000 1200.0 10000 8000

~

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12000 10000 8000 1!000 4000 2000 l'ereenl of Time Equaled or Exceeded Figure1*1 0.8 Simulated Surface Water Oeliveriu t o Faka Union Bay from Merritt Canal Flowway Near US41 Wot Sesaon Volume Probability Curve (June 1* 0~131)

IOJ!'IO 20.1)0!0, 30.0'llo 40 O'roo

>0 O'l!o 1!0 096 70 O'llo 80 O'roo 90.016 100 091.

Percent of Time Equaled or Exceeded

Chapter 40E-10 Water Reservations Effective: 7/16/2014 18 1100.0 800.0 1000 8000 3000 2000 1000 Figure 1-10.C Simulated Surface Water Deliveries to Falco Union Bay from Merrill Canal Rowway Near U$41 Dry Season Volume Probability Curve (Nov 1 -May 311 10 t>11.

211 011o 30.091. *o""' so a.~ so.Oib 10 091 so 0'16 oo 0'10 100 ow.

Pueent of Time Equaled or Exceeded Rgure 1-11.A Simulated Surface Water Deliveries to Fabhatchu Bay From Fakahatchee strand Volume Probability Curve -1988 Through 2000

<1000.0 S5000 30000 10000 500.0 100%

20091 30.0lfo 4001\\

50.01\\

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110091.

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 19 40000

$5000

1000 0 Figure1*11.B Simllloted Sutface Water Dellver1es to Fakallatchoe Say from Fakahalchee Stnnd Wet season Volume Probability Curve (June 1* Oct 31) 10010 20011.

so011.

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Percent of Time Equaled or Exceeded Flgure 1*11.C SlmUiattcl Surf act Water Df>llvorluto Fakahatchee Bay from Fal<ahatchee strand Cry Sou on Volume Probability Cur;e (Nov 1

• May 31) 3000.0 *-- *- -* -----

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 20 1-12 LEGAL DESCRIPTION OF CALOOSAHATCHEE RIVER C-43 WEST BASIN STORAGE RESERVOIR Caloosahatchee River C-43 West Basin Storage Reservoir A parcel of land lying in Sections 31, 32, 33, 34, 35, and 36, Township 43 South, Range 28 East, Section 31, Township 43 South, Range 29 East, Section 6, Township 44 South, Range 29 East, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Township 44 South Range 28 East, Hendry County Florida, being more particularly described as follows:

Beginning at the Northwest corner of the East 1/2 of said Section 31, Township 43 South, Range 28 East; Thence, S89°51'14"E, along the North line of said East 1/2, a distance of 2,635.83 feet to the Northwest corner of said Section 32; Thence, N89°26'04"E, along the North line of the Northwest 1/4 of Section 32, a distance of 2,650.29 feet to the North quarter corner of section 32; Thence, N89°27'01"E, along the North line of the Northeast 1/4 of Section 32, a distance of 2,651.17 feet to the Northwest corner of said section 33; Thence, N89°39'17"E, along the North line of the Northwest 1/4 of Section 33, a distance of 2,644.00 feet to the North 1/4 corner of Section 33; Thence, N89°40'58"E, along the North line of the Northeast 1/4 of Section 33, a distance of 2,644.65 feet to the Northwest corner of said Section 34; Thence, N89°24'50"E, along the North line of the Northwest 1/4 of Section 34, a distance of 2,644.35 feet to the North 1/4 corner of Section 34; Thence, N89°25'57"E, along the North line of the Northeast 1/4 of Section 34, a distance of 2,644.21 feet to the Northwest corner of said Section 35; Thence, N89°13'34"E, along the North line of the Northwest 1/4 of Section 35, a distance of 2,652.53 feet to the North 1/4 corner of Section 35; Thence, N89°25'25"E, along the North line of Northeast 1/4 of Section 35, a distance of 2,650.20 feet to the Northwest corner of said Section 36; Thence, N89°39'37"E, along the North line of the Northwest 1/4 of Section 36, a distance of 2,642.30 feet to the North 1/4 corner of Section 36; Thence, N89°39'50"E, along the North line of the Northeast 1/4 of Section 36, a distance of 1,436.88 feet to an East corner of the Berry land as described in Official Record Book 605, page 1149, public records of Hendry County; Thence, continue N 89°39'50"E, along said North line 1205.97 feet to the Northwest corner of said Section 31, Township 43 South, Range 29 East; Thence, N89°39'59"E, along the North line of said Section 31, Township 43 South, Range 29 East for 1878.01 feet to an intersection with a line parallel with and 1,877.97 feet Easterly of, as measured perpendicular to the West line of said Section 31, Township 43 South, Range 29 East; Thence, S00°09'39"E, along said parallel line for 5298.32 feet to an intersection with a line parallel with and 1877.97 feet Easterly of, as measured perpendicular to the West line of said Section 6, Township 44 South, Range 29 East; Thence, S00°13'51"E, along said parallel line for 5241.63 feet to an intersection with the South line of the Southwest quarter of said Section 6, Township 44 South, Range 29 East; Thence, N89°53'18W, along said South line for 1878.00 feet to the Southwest corner of said Section 6 also being the Northeast corner of said Section 12, Township 44 South, Range 28 East; Thence, S00°33'18"E, along the East line of Section 12, a distance of 5,310.64 feet to the Southeast corner of Section 12; Thence, S89°30'12W, along the South line of the Southeast 1/4 of Section 12, a distance of 2,634.72 feet to the South 1/4 corner; Thence, S89°09'14W, along the South line of the Southwest 1/4, a distance of 2,632.48 feet to the Southeast corner of said Section 11; Thence, S87°42'48W, along the South line of the Southeast 1/4 of Section 11, a distance of 2,640.48 feet to the South 1/4 corner of section 11; Thence, S87°51'34W, along the South line of the Southwest 1/4 of Section 11, a distance of 2,641.90 feet to the Southeast corner of said Section 10; Thence, N89°40'57W, along the South line of the Southeast 1/4 of Section 10, a distance of 2,643.20 feet to the South 1/4 corner of Section 10;

Chapter 40E-10 Water Reservations Effective: 7/16/2014 21 Thence, N89°41'44W, along the South line of the Southwest 1/4 of Section 10, a distance of 2,643.59 feet to the Southeast corner of said Section 9; Thence, N89°47'36W, along the South line of the Southeast 1/4 of Section 9, a distance of 2,654.46 feet to the South 1/4 corner of Section 9; Thence, N89°47'39W, along the South line of the Southwest 1/4 of Section 9, a distance of 2,201.47 feet to a point of curvature with the arc of a circular curve to the right having a radius of 459.30 feet and a central angle of 89°13'48"; thence Northwesterly along the arc of said curve, for 715.29 feet to a point of tangency on the West line of Section 9; Thence, N00°34'21W, along the West line of Section 9, a distance of 2,230.83 feet to an intersection with a line being 50 feet Northerly of, as measured at right angles and parallel with the South line of the North 1/2 of said Section 8; Thence, N89°52'19W, along said parallel line, a distance of 5,287.36 feet; Thence, N44°21'33W, a distance of 2,971.24 feet; Thence, N32°48'36W, a distance of 535.22 feet to an intersection with a line being 300 feet Easterly of, as measured at right angles and parallel to the West line of the East 1/2 of Section 6, Township 44 South, Range 28 East; Thence, S89°40'57W, along the South line of section 6, Township 44 South, Range 28 East, a distance of 300.00 feet to the West line of the East 1/2 ;

Thence, N00°21'09W, along said West line, a distance of 5,287.40 feet to the South 1/4 corner of said Section 31; Thence, N00°21'57W, along the West line of the East 1/2 of Section 31, a distance of 5,275.89 feet to the Point of Beginning.

Figure 1-13. Caloosahatchee River (C-43) West Basin Storage Reservoir Project Location

Chapter 40E-10 Water Reservations Effective: 7/16/2014 22 APPENDIX 2 UPPER EAST COAST PLANNING AREA 2-1 Upper East Coast Reservation Water Bodies Prima Vista Bri Structures

..L..

10~yr Floodplain Figure 2-1: North Fork of the St. Lucie River Reservation Waterbody

Chapter 40E-10 Water Reservations Effective: 7/16/2014 23 Figure 2-2: Water Reserved for the North Fork ofthe St Lucie River Fl1ure 2-2: Water Reserved for the North Fork of the St Lucie River 140 120 100 40 20 0

~

• orv S1ason: Nov 1

• Mav 31 i

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 24 APPENDIX 3: LOWER EAST COAST PLANNING AREA Figure 3-1 Nearshore Central Biscayne Bay Reservation Water Body and Protected Canal Reaches

Chapter 40E-10 Water Reservations Effective: 7/16/2014 25 Figure 3-2.A Surface Water Flow from the C-100 canal through S-123 into Biscayne Bay during the Wet Season (June-October) (1986-2011) l~r-------------------------------------*

20 5-1l3 Targel

~

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• o 60 Ptrctnttgt Time EquaWed or &ceecttd 60 100 Figure 3-2.B Surface Watef Flow from the C-100 canal through S-123 into Biscayne Bay during the Dry Season (November-May) (1986-2011) 0000~-------------------------------------,

3000 0

20 S-123 TMgOI

~

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 26

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Figure 3-3A Surface Water Flow from the C-1 canal through S-21 into Biscayne Bay during the Wet Season (June-October) (1986-2011)

S-21 TO<gO(

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Water Reserwd 1000 0

0 20 40 eo 80 100 Percenblge Tlrne Equaled Of' Exceeded Figure 3-3.8 Surface Water Flow from the C-1 canal through S-21 into Biscayne Bay during the Dry Season (November-May) (1986-2011) 0000 3000 20 5*21 T-t

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Chapter 40E-10 Water Reservations Effective: 7/16/2014 27 f

Figure 3-4.A Surface Water Flow from the C-1 02+Mil~ary+C-103 Canal through S-21A+S-20G+S-20F into Biscayne Bay during the Wet Season (June-October) (1986-201 1) 1~r----------------------------------------,

S*21A*S.20G*S*20F T*ge~

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2000

~

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~

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&0 100 Percentage Tlmo EQualed or Ex<Hdod Figure 3-4.B Surface Water Flow from the C-102+Military+C-103 Canal through S-21A*S-20G+S-20F into Biscayne Bay during the Dry Season (November-May) (1986-2011)

&OOOr----------------------------------,

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Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 EXHIBIT D t=PL August 27,2014 Mr. Blake Guillory, P.E.

Executive Director South Florida Water Management District 3301 Gun Club Road West Palm Beach. FL 33416-4680 Re:

Request for Emergency Authorization Of Temporary Water Withdrawal from Excess Stormwater from L-31E Canal Florida Power & Light Company Turkey Point Plant

Dear Mr. Guillory:

Florida Power & Light Company (FPL) is requesting emergency tempotaty authorization from the South Florida Water Management District (SFWMD) to access the District's right of way, connect to the L-31E, canal, and withdraw excess stormwater (above the 254 cubic feet per second (cfs), required for the CERP Biscayne Bay Coastal Wetlands restoration project) from the L-31E canal north of the Tutkey Point Plant to aid in.reducing temperature and salinity in the Cooling Canal System (CCS). This CCS is integral to powes:

generation at Tw:key Point. The CCS wotks as a heat exchange for Tw:key Point Power Plant Units 1, 3 & 4 cooling the units during the powes: generation process. As described below this excess stormwater is important for the continued reliable operation of Tw:key Point Power Plant. FPL has more than 2 million customer accounts in Miami-Dade and Broward Counties and Turkey Point provides electricity supporting the region. The temporary water withdrawal is not expected to have adverse effects to vegetation, wildlife within the canal system, adjacent lands, L-31E canal, Biscayne Bay or the model lands. The following provides background information supporting this request.

Tut:key Point Power Plant Units 3 & 4 operate under a license from the Nuclear Regulatory Commission (NRC). The original operating license included a.requirement that the maximum allowed CCS water temperature on the intake or inlet side of Units 3 & 4 cannot exceed 100°F. & described below, during July 2014, numerous factors contributed to higher-than-usual inlet temperatures in the CCS that approached 100°F. Also, during July-August intake temperatures approached 102°F (Attachment A). As a.result of engineering analysis demonstrating that the plant could safely operate with the wates: temperature exceeding 100°F, FPL requested and received tempotaty approval from the NRC to temporarily deviate from the water temperature requirement as it pursued a permanent clwlgc to the plant's operating license. In parallel, FPL submitted and received (August 8, 2014) approval for a License Amendment Request (LAR) that petmanentl.y increases the CCS intake water temperatw:e limit from 1 ooop to 104 op_ Should the 104 °F temperature limit be exceeded and certain conditions met, the plant's current license requites Turkey Point Units 3 & 4 to commence shut down within 12 hts, which could impact grid reliability. Although FPL received a License Amendment from the NRC to increase the intake temperature limit in the CCS, the inlet temperature still continues to be high (> 100°F during afternoon peaks). The persisting factors that are resulting in the high water temperatures are described below. Our analysis supports that the addition of excess stormwater from the L-31E canal will add much needed water to the CCS, reducing the salinity, increasing the thermal efficiency of the CCS and ultimately reducing temperature. As a result of the temperature increases in the CCS, the Units, at times, have had to operate at capacities lower than 100%.

The continued temperature increase can be attributed to the lack of rain and cloud cover over the past several weeks, as well as the on-going algae, salinity conditions, and multiple days of record breaking electricity demand. During spring and summer 2014, low rainfall and high evaporation are important factors that have increased temperature and salinity in the canals. For example, annual rainfall at Turkey Point is typically between 50-75 inches. In 2013, rainfall accumulation was less than 20 inches at the cooling canals, and, as of the end of May 2014 there had been less than 3 inches at the rain station within the canals. Although we have seen more rain in June and July, overall rainfall has remained low (less than 26 inches compared 40 inches at the Miami Airport during the same timeframe) at Turkey Point.

This rainfall shortage and the high evaporation (average 34 MGD) and losses to groundwater (average 12 MGD) have resulted in more water leaving from the system than is being provided from the aquifer or rainfall and ultimately concentrating the salinity in the water.

These conditions have also allowed an algal bloom to persist and it is further affecting operations. Our analysis has shown that the higher than normal salinity is a driving factor affecting the canal conditions and our ability to manage the canals we did historically.

Currently, the salinity in the CCS is approximately 90 ppt, compared to historic levels of approximately 60 ppt. Effective treatment of the algae will require the salinity to be reduced to bring the dead algae out of suspension, which is also necessary to reduce CCS temperature and, thereby, restore the heat exchange capacity of the canals. For these reasons, there is an immediate temporary need for additional water for the cooling canals. Excess stormwater in the L-31E canal is the best temporary opportunity to reduce the temperature and salinity in the cooling canals and help to offset the high evaporation rate. In addition to the temporary request for excess stormwater from the L-31E canal, FPL requests right of way access to allow for the placement of pipes and pumps to withdrawal and distribute water from the L-31E canal into the CCS and temporary impacts to wetlands.

The project will require 0.33 acres of temporary wetland and surface water impacts - no permanent wetland fill is proposed with this project. Within wetland areas, the pipes are proposed to be installed upon the surface of the substrate without trenching. An excavator will be used to pull pipe segments into place; the excavator will be located upon existing upland access roadways or upon temporary construction matting to minimize wetland impacts (0.05 acres). Please refer to Attachment B for wetland impact drawings. Temporary wetland and surface water impacts will be restored upon completion of the project. In addition to in-situ restoration of temporary impacts, FPL will also purchase 0.18 mangrove mitigation credits from the Everglades Mitigation Bank, equivalent to the amount of functional loss required if the proposed impacts were permanent.

Attached are plans that depict the proposed layout of the system to withdrawal excess stormwater from the L-31E canal (Attachment C). The maximum amount we anticipate temporarily withdrawing is 100MGD, if available. We request authorization to pump 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day, if the water is available, and at variable rates determined by the SFWMD as based on flow rates at S-20F.

We will coordinate with the SFWMD Homestead Field Station and SFWMD's Operations Control Room on a continual basis throughout this temporary operation. Please see Attachment D for the pumping description and expected District requirements. Finally, FPL will receive all appropriate authorizations from Army Corps of Engineers, Florida Department of Environmental Protection (FDEP) and Miami-Dade County.

If you have any questions, please contact me at 561-691-2808 or Stacy Foster at 561-691-7065.

Sincerely, Florida Power & Light Company

~J fl/?-

Matthew J. Raffenberg Director, Environmental Licensing and Permitting

Cc:

Lennart Lindahl, SFWMD Terrie Bates, SFWMD

Attachment A

7/24/2014 8:09:25.259 AM

• TPCW HX OUT TE1472 Turkey Point Intake Temperature July 241 2014-August 231 2014

~

~

30.00 days<Jl>Z 8/23/2014 8:09:25.259 AM Temperature (Degree Fahrenheit)

Attachment B

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SOu""!! Elri, lligitaiGiolle, Gooq., k:ubecl, USIJA, USGS, AEX, Goti'nllpping,AIIroglid, IGN, IGP, owisstopo, and the GIS Uaer ommunly LEGEND Temponory Cooling C.nel

-- Augmentation Pipeline & Equlp"*11

--- WellenciUne c=J Area of TampofiiiY DiiNrbance IFFR'R Umita of Temporary Conobuclion

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Area ol TampofiiiY watland Impact TABLE 1 -TEMPORARY WETLAND ACREAGE WatlandiD Habitat Type Acreage B

6411 - Sswgraaa Marshall 0.04 HW 510- Cenal 0.04 0

510- Cenal 0.02 p

612-Mang~ Swampe 0.11 510- Cenal 0.04 R

612-Mang~ Swampe 0.05 Grand Total o.30 REFERENCE PIP&JNE RCIUTEANl EQuiPMafl DETAI.., TAYLOR B<<11N~NO.. C., 1014

'TENPORARYWETl.AND NIPACT8,GQ...DERA880CIATE81NC.,2G14 40 20 0

CUENT FPL PROJECT 1:480 TEMPORARY COOLING CANAL AUGMENTATION PIPELINE 1TTl£ DISCHARGE SYSTEM TEMPORARY WETLAND IMPACTS a>NIIILllWT YYYY-NII<XJ

• ~

PREPMED OES"'N AE\\'EW PROJECT No.

09387852 C139 FEET 2014-08-27 NRL NRL....

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IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: ANSI B

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FPL TURKEY POINT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PROJECT LOCATION FLORIDA LOCATION MAP N.T.S.

MARTIN PALM BEACH BROWARO C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 DRAWING INDEX COVER SHEET CONSTRUCTION NOTES PROJECT OVERVIEW INTAKE SYSTEM SITE PLAN INTAKE SYSTEM PUMP AND UNDER ROAD CROSSING DISCHARGE SYSTEM SITE PLAN DISCHARGE SYSTEM PUMP AND LEVEE CROSSING DISCHARGE SYSTEM PROFILES DISCHARGE SYSTEM PIPE CROSSING OVER INTERCEPTOR CANAL PIPE BRIDGE PLAN AND ELEVATION DETAILS EROSION CONTROL DETAILS L31E(N)CANAL INTAKE"SYSTE~ ~R9M ~

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L31E (N) CANAL TO L~ 1E (S) CA_!'JAL,,

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DISCHARGE SYSTEM ~

FROM L31E (S) CANAL TO COOLING CANAL

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, __ _____ 1 COOLING CANAL ------l-VICINITY MAP 1 "= 2000' (22x34) 1 "= 4000' (11 x17)

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BlVD.

BLDG. 300. SUITE 300 JACKSONVIllE. FLORIDA 32256 (904)-731-7040 1675 PALM BEACH LAKES, SUITE 210 WEST PALM BEACH. FLORIDA 33401 1561)-640-7310 7

PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMinED FOR AGENCY REVIEW.

PROJECT TITLE TURKEY POINT CO CANAL FRESHWA RECHARGE

REFERENCE:

USGS 7.5' QUADRANGLE MAP.

ARSENICKER K EYS. FLORIDA 1968 H

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3 PUMPING DESCRIPTION, MONITORING, AND CONTROL PLAN 1

BRIDGE OVER PIPES ON LEVEE WITH CONCRETE BOX CULVERT DESIGN AND SOIL RAMPS. NO MODIFICATION TO THE DAM WILL BE REQUIRED.

2.

A PRE-CONSTRUCTION SURVEY OF THE DAM CREST WILL BE PERFORMED BEFORE BRIDGE INSTALLATION AND DAM CREST WILL BE RESTORED TO AS GOOD AS OR BETTER CONDITION WHEN THE BRIDGE IS REMOVED.

3.

PRIOR TO COMMENCEMENT OF CONSTRUCTION WITHIN ANY SOUTH FLORIDA WATER MANAGEMENT DISTRICT (THE DISTRICn RIGHT OF WAY (ROW), FPL SHALL CONTACT THE DISTRICrS FIELD REPRESENTATIVE AT THE HOMESTEAD FIELD STATION TO SCHEDULE A PRE-CONSTRUCTION MEETING AND FINAL INSPECTION.

4.

FPL SHALL COMPLY WITH THE FOLLOWING ROW CONDITIONS:

A.

ALL EQUIPMENT SHALL BE SKID MOUNTED OR LIE ABOVE GROUND AND BE CAPABLE OF BEING REMOVED FROM THE DISTRICrS ROW WITHIN 24 HO URS OF THE DISTRICT S REQUEST TO DO SO, B.

THE HOPE PIPES BURIED UNDER 344TH AVE SHALL BE BLANKED AT THE NORTH END. BUT LEFT IN PLACE. IN THE EVENT OF DISTRICT NOTIFICATION TO REMOVE EQUIPMENT.

C_ THE HOPE PIPES BETWEEN THE L.J1ECANALAND THE SOUTH PUMPING STATION SHALL BE BLANKED AT THE CANAL END. BUT LEFT IN PLACE. IN THE EVENT OF DISTRICT NOTIFICATION TO REMOVE EQUIPMENT WITHIN 24 HOURS.

THESE PIPES SHALL BE CAPABLE OF BEING REMOVED FROM THE DISTRICT'S ROW WITHIN 30 DAYS OF THE DISTRICT'S REQUEST TO DO SO D.

ALL DISTRICT ROWS SHALL REMAIN IN A CONDITION TO ALLOW ACCESS FOR DISTRICT'S NORMAL AND EMERGENCY USE AT ALL TIMES 5

FPL'S MONITORING AND CONTROL PLAN FOR PUMPING OPERATIONS SHALL COMPLY WITH THE FOLLOWING CONSTRAINTS*

A.

THE PUMPSATTHEL*31E WITHDRAWAL LOCATION NORTH OF 344TH AVE (THE NORTH STATION) SHALL BE MANNED CONTINUOUSLY DURING PUMPING OPERATIONS B

THE PUMPS ATTHE SOUTHERN WITHDRAWAL LOCATION (APPROXIMATELY ONE MILE SOUTH OF 344TH AVE) SHALL BE MANNED CONTINUOUSLY C.

PERSONNEL AT BOTH PUMP LOCATIONS WILL BE PROVIDED CONTACT INFORMATION, MEANS O F COMMUNICATK>N. AND TRAINING TO UTILIZE THE EMERGENCY RESPONSE TEAM AT THE TURKEY POINT FACILITY.

0 THE PUMPS AT THE SOUTHERN WITHDRAWAL LOCATION SHALL BE INSTALLED MANNED AND OPERATED BY TRAINED PERSONNEL FROM THE PUMP SUPPLIER.

E.

EACH DAY PRIOR TO l OAM, THE FPL OPERATORS SHALL CONTACT THE DISTRICT'S OPERATION CONTROL CENTER VIA EMAIL, TO DETERMINE THE RATE AND VOLUME OF FPL WITHDRAWALS FOR THE 24-HOUR PERIOD FROM l OAM TO 9:59AM THE FOLLOWING CAlENDAR DAY F

FPL SHALL MONITOR PUMP STARTS AND PUMP STOPS AT BOTH PUMPING LOCATIONS (NORTH STATION AND SOUTH STATION). FPL SHALL ALSO MONITOR AND DATA LOG FLOW RATES OF THE L-31E WATER PUMPEDATBOTH LOCATIONS G.

FPL SHALL GENERATE A WEEKLY REPORT, DELIVERED V IA EMAIL BY NOON TUESDAY, WHICH REPORTS THE FOLLOWING TO THE DISTRICT FOR THE PRECEDING WEEK:

a. 10 OF PUMPS THAT RAN

b.

O N AND OFF TIMES FOR EACH PUMP

c.

RPM SETIING, PER PUMP, IF VARIABLE d

CALCULATED VOLUME OF WATER PER PUMP

e.

LOGGED FLOWS AT EACH PUMP STATION. FROM TOTALIZING HOUR FLOW METERS.

f THE OFFICIAL TUESDAY REPORTS SHALL BE SENT FROM MATTHEW.RAFFENBERG@FPL.COM (OR DELEGATE) TO BOTH LLINDAHL@SFWMO.GOV AND TO TBATES@SFWMD.GOV (OR THEIR DELEGATES)

H.

FPL SHALL BE CAPABLE OF SUPPLYING THE ABOVE DATA UPON REQUEST AT ANY T IME BETWEEN TUESDAY REPORTS. WITHIN 2 HOURS OF THE DISTRICT'S REQUEST I

FPL SHALL BE CAPABLE OF TERMINATING All PUMPING AT ANY TIME. WITHIN 2 HOURS AN EMA IL ED REQUEST FROM EITHER DISTRICT PARTY IDENTIF IED IN 5 G.F.

J EACH PUMP SHALL BE OPERA TED BY TRAINED PUMP OPERATORS WHICH WILL BE ON SITE 24 HOURS PER DAY DURING OPERATION. THE PUMP OPERATORS WILL HAVE WIRELESS COMMUNICATIO N TO PROVIDE IMMEDIATE RESPONSE IF REQUIRED AND THIS SHAll BE VERIFIED AS OPERABLE PRIOR TO PUMPING.

I 2

K.

FPI. SHALL WIRELESSL Y COORDINATE THE PUMPING AT BOTH STATIONS TO ASSURE THAT*

a.

FROM A NON-FLOW CONDITION. THE NORTH STATION PUMPS SHALL BE STARTED FIRST

b.

FROM A FLOW CONDITION, THE SOUTH STATION PUMPS SHALL BE STOPPED FIRST.

c.

SOUTH STATION PUMPS SHALL BE STARTED AFTER 5 MINUTES OR MORE OF NORTH STATION PUMPS' STARTS. WITH EQUIVALENT FLOW MAINTAINED AT BOTH STATIONS DURING OPERATION.

d.

NORTH STATION PUMPS SHALL BE STOPPED AFTER 5 MINUTES OR MORE FOLLOWING SOUTH STATION PUMPS' STOPS.

e.

FPL SHALL PROVIDE THE PUMP CURVES USED TO DETERMINE DISCHARGE RATES TO THE DISTRICT.

FOR EACH PUMP. PRIOR TO THEIR OPERATION

f.

FPL SHALL MONITOR THE CANAL WATER LEVEL UTILIZING STAFF GAUGES TO ASSURE THAT UNDER NO CONDITIONS. THE WATER LEVEL IN THE SOUTH END OF THE l -31E CANAL IS LOWER THAN THE POINT AT WHICH THE PUMPS ARE FIRST STARTED CONTROL OF THE PUMP OUTPUT TO GUARANTEE THIS WILL INCLUDE SHUn lNG ONE OR BOTH SOUTH PUMPS DOWN AND/OR THROnLING THE PUMPS BACK TO MATCH FLOWS, l.

FPL SHALL ENSURE THAT THE TOTALIZING HOUR FLOW METERS USED AT EACH PUf"P STATION ARE AVAILABLE FOR PERIODIC DISTRICT INSPECTION AND VERIFICATION.

6 SPILL PREVENTION A.

All EQUIPMENT WILL BE BERM ED IN ACCORDANCE WITH FPL STANDARD PROCEDURES FOR SPILL PREVENTION AND CONTROL B

ALL EQUIPMENT. HOSES, AND TANKS SH ALL BE DESIG~ED FOR USE ON OR NEAR WATER CONDITION CHECKS OF ALL FLUID CONTAINING DEVICES SHALL BE MONITORED CONTINUOUSLY AS A PART OF THE 24 HOUR PUMP COVERAGE C.

HYDRAULIC HOSES USED ON THE PUMPS NORTH OF 344TH AVE SHALL BE INSTALLED ACCORDING TO MANUFACTURES RECOMMENDATIONS. THE HOSES SHALL UTILIZE THE SHORTEST PATH OUT OF THE WATER THAT IS AVAILABLE TO ASSURE GOOD VISIBILITY FOR MONITORING. THE HOSES SHALL BE SECURED IN PLACE TO PREVENT OVER TENSIONING AND ALLOW FOR CONTINUOUS INSPECTION D.

THE HYDRAULIC PUMPS NORTH OF 344TH AVE WILL CONTAIN ONLY BIODEGRADABLE HYDRAULIC OIL DESIGNED FOR USE OVER WATER.

E.

ALL FUEL TANKS USED FOR THE SOUTHE~

PUMPS HAVE BUILT IN SECONDARY CONTAINMENT All FUEL LINES WILL BE PROVIDED WITH SECONDARY CONTAINMENT F.

THE PUMPS NORTH OF 344TH AVE. WILL BE FUELED TWICE PER DAY OR AS NEEDED. NO ADDITIONAL FUEl STORAGE Will BE IN THE SFWMD RIGHT OF WAY G

THE PUMPS SOUTH OF 344TH AVE WILL BE FUELED THROUGH NURSE TANKS ON SHORE AS NEEDED THE TRANSFER LINES BETWEEN THE PUMP AND THE NURSE TANKS WILL NOT BE CHARGED WHEN NOT IN USE H

FLOATING BOOM WILL BE STAGED ON SITE FOR IMMEDIATE DEPLOYMENT IF NEEDED. ENOUGH BOOM TO CROSS THE CANAL A MINIMUM OF TWO TIMES WILL BE PROVIDED PUMP OPERATORS WILL BE PROVIDED EMERGENCY NUMBERS TO IMMEDIATELY DISPATCH A CLEANUP AND BOOM CREW FROM THE TURKEY POINT FACILITY I.

A FIXED OIL BOOM WILL BE INSTALLED BOTH NORTH AND SOUTH OF THE FLOATING PUMPS IN THE SOUTHERN REACH J.

OIL ABSORBENT BOOMS AND PADS DESIGNED TO CLEAN UP PETROLEUM SPILLS ON WATER WILL BE LOCATED ON SITE PUMP OPERATORS WILL BE TRAINED IN THE USE OF THESE MATERIALS, K

A DETECTED LEAK OF ANY PETROLEUM PRODUCTS (FUEL OR HYDRAULIC O lq WILL RESULT IN THE IMMEDIATE SHUTDOWN OF THE PUMPS AT BOTH ENDS. THE PUMPS WILL NOT BE RESTARTED UNTIL ALL ISSUES HAVE BEEN RESOLVED AND THE EQUIPMENT CLEANED TO ALLOW FOR CONTINUOUS MONITORING I

3 4

I TECHNICAL SPECIFICATIONS DEFINITIONS

1.

OWNER: FLORIDA POWER AND LIGHT (FPL).

2 ENGINEER: OWNER'S DESIGNATED REPRESENTATIVE FOR CONSTRUCTION INSPECTION AND OVERSIGHT 5

3 ENGINEER OF RECORD (EOR): ENGINEER WHOSE NAME AND SEAL IS AFFIXED TO THE DRAWINGS AND SPECIFICATIONS

4.

U.NO.: UNLESS NOTED OTHERWISE G ENERAL NOTES

1.

THE CONTRACTOR SHALL INVESTIGATE THE PRCUECT SITE PRIOR TO INITIATING ANY CONSTRUCTION.

2 THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS OF ALL STRUCTURES AND EXISTING UTILITIES. WHETHER SHOWN OR NOT ON THE DRAWINGS.

3 THE CONTRACTOR SHALL COORDINATE CONSTRUCTION TOGETHER WITH THE FPL PROJECT MANAGER TO ENSURE PUBLIC AND PRIVATE SAFET Y IN AND AROUND THE CONSTRUCTION SITE.

4.

DEMOLITION DEBRIS SHALL BE DISPOSED OF OFFSITE AT A LICENSED LANDFILL IN ACCORDANCE WITH All LOCAL, STATE. AND FEDERAL LAWS AND REGULATIONS.

5.

THE CONTRACTOR SHALL LOCATE ALL ABOVE-GROUND AND BELOW-GROUND UTILITIES BEFORE BEGINNING WORK.

SUBMinALS AND TESTING REQUIREMENTS 1

ALL TESTING. EITHER PRE-CONSTRUCTION OR CONSTRUCTION, AS REOUIRED HEREIN OR IN THE CONTRACT DOCUMENTS. SHALL BE PERFORMED BY AN INDEPENDENT QUALIFIED TESTING COMPANY THE COSTS OF ALL SUCH TESTING SHALL BE BORNE BY THE CONTRACTOR AND SHALL BE INCLUDED IN THE BID PRICE

2.

THE QUALIFIED TESTING AGENCY SHALL BE APPROVED PER FOOT STANDARDS, AASHTO STANDARDS OR SIMILAR SUCH STANDARDS AS APPROVED BY THE ENGINEER. ALL TESTING WORK SHALL BE DONE UNDER THE SUPERVISION OF A PROFESSIONAL ENGINEER REGISTERED IN FLORIDA AND SHALL BE SIGNED AND SEALED BY A LICENSED PRO FESSIONAL ENGINEER REGISTERED IN FLORIDA IF REOUESTEO

3.

ALL SUBMinALS REOUIRE APPROVAL BY THE ENGINEER U.N.O SUBMinAL PROCEDURES

1.

BEFORE COMMENCING WORK. THE CONTRACTOR SHALL REVIEW THE SUBMinAL REQUIREMENTS AND PROVIDE A SUBMinAL LOG 2

ENGINEER'S REVIEW OF SUBMinALS DO NOT RELEASE CONTRACTOR FROM CONTRACTOR'S RESPONSIBILITY FOR PERFORMANCE OF REQUIREMENTS OF CONTRACT DOCUMENTS NEITHER SHALL ENGINEER'S REVIEW RELEASE THE CONTRACTOR FROM FULFILLING PURPOSE OF INSTALLATION NOR FROM CONTRACTOR'S LIABILITY TO REPLACE DEFECTIVE WORK.

3.

ENGINEER'S REVIEW OF SHOP DRAWINGS. SAMPlES, OR TEST PROCEDURES WILL BE ONLY FOR CONFORMANCE WITH DESIGN CONCEPTS AND FOR COMPLIANCE WITH INFORMATION GIVEN IN CONTRACT DOCUMENTS.

ENG INEER'S REVIEW DOES NOT EXTEND TO:

a. ACCURACY OF DIMENSIONS, QUANTITIES. OR PERFORMANCE OF EQUIPMENT AND SYSTEMS DESIGNED BY CONTRACTOR

b. CONTRACTOR'S MEANS. METHODS. TECHNIQUES. SEQUENCES.

OR PROCEDURES EXCEPT WHEN SPECIFIED, INDICATED ON THE I

6 I

DRAWINGS, OR REQUIRED BY CONTRACT DOCUMENTS c SAFETY PRECAUTIONS OR PROGRAMS RELATED TO SAFETY.

WHICH SHALL REMAIN THE SOLE RESPONSIBILITY OF THE CONTRACTOR 5

ENGINEER WILL BE ENTITLED TO RELY UPON THE ACCURACY OR COMPLETENESS OF DESIGNS. CALCULATIONS. OR CERTIFICATIONS MADE BY LICENSED PROFESSIONALS ACCOMPANYING A PARTICULAR SUBMITTAL WHETHER OR NOT A STAMP OR SEAL IS REQUIRED BY CONTRACT DOCUMENTS OR LAWS AND REGULATIONS.

HOPE PIPE AND FlniNGS 1

POLYETHYLENE PIPE AND FITTINGS SHALL BE PE4710 MATERIAL AND SHALL MEET THE SPECIFICATIONS DEFINED IN ASTM 03350 FOR A CELL CLASSIFICATION OF 445574CIE.

2.

PIPE SHALL BE IPS DR 26 OR DR 21 (PER ASTM F714) AS SPECIFIED ON THE DRAWINGS AND HAVING A MINIMUM WORKING PRESSURE i<ATING OF 80 PSI AND 100 PSI RESPECTIVELY. PIPE SHALL HAVE A SMOOTH INTERIOR WITH A MANNING'S N OF 0.011 OR LESS

3.

FITIINGS SHALL BE O F THE SAME TYPE. GRADE, MATERIAL AND MINIMUM WALL THICKNESS AS THE PIPE

4.

FlniNGS SHALL BE IPS WITH A WORKING PRESSURE RATING EOUAL TOOR GREATER THAN THAT O F THE PIPE AND JOINTS..

5 FlniNGS SHALL COMPLY WITH ASTM 03261 F1055. OR F2206 AS APPLICABLE 6

BACK UP RINGS SHALL BE DUCT ILE IRON. BOLTS SHALL BE ASTM A307.

GRADE A GALVANIZED IN ACCORDANCE WITH ASTM A153.

7.

FITTINGS, FLANGES. BACKUP RINGS AND OTHER APPURTENANCES SHALL BE SIZED FOR THE MAXIMUM ANTICIPATED WORKING PRESSURE AND ANY ANTICIPATED SURGE PRESSURES BUT NOT LESS THAN CLASS B (86 PSI)

8.

INSTALL PIPE AND FlniNGSACCOROING TO THE MANUFACTURER'S RECOMMENDATIONS FOR ABOVE-GROUND INSTALLATIONS.

9 ALL PIPES SHALL BE JOINED USING HEAT FUSION IN ACCORDANCE WITH ASTM F2620. JOINTS SHALL BE BUn FUSION WELDED, RESULT ING IN A JOINT THAT IS INTEGRAL WITH THE PIPE AND AS STRONG AS THE PIPE ITSELF. WHERE BUn FUSION WELDING IS NOl POSSIBLE PIPE SHALl BE JOINED USING EX1 RUSION WELDING.

10, LAY PIPELINES TO THE GRADES (VERTICAL) AND ALIGNMENT (HORI~ONTAL) INDICATED ON THE PROJECT DRAWINGS.

HOPE PIPE AND FlniNGS SUBMITTALS 1

HOPE PIPE AND FiniNG MATERIAL INFORMATION. SUBMIT DOCUMENTATION DEMONSTRATING THAT THE HOPE PIPE AND ASSOCIATED FITIINGS MEET THE SPECIFICATIONS PUMPS AND VALVES 1

PUMPS SHALL BE SUPPLIED BY THE CONTRAC TOR. THE PUMP AND PIPING SYSTEM SHALL BE CAPABLE OF CONVEYING UP TO 100 MILLION GALLONS OF WATER IN A 24 HOUR PERIOD AND CAPABLE OF OPERATING CONTINUOUSLY PUMPS SHALL BE THE TYPE SHOWN ON THE DRAWINGS AND PLACED AT THE LOCATION SHOWN ON THE DRAWINGS UNLESS OTHERWISE APPROVED BY THE ENGINEER.

2 PUMPS SHALL BE MAINTAINED AND OPERATED BY FPLIFPL CONTRACTORS 3

UNLESS OTHERWISE APPROVED BY THE ENGINEER. PUMPS SHALL BE SUPPliED WITH CONTROLS I A VFD OR SIMILAR DEVICE) TO CONTROL PUMP FLOW AND ALLOW FOR GRADUAL STARTUP AND SHUTDOWN DISCHARGE SYSTEM PUMP RAIN FOR RENT

• FP900 20 "

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US GPM 38,000 40.000 42.000 44.000 46.000 48.000 50.000 LllERS/SEC 2400 2500 2600 2700 2800 2900 3000 3100

• FLOW PERF'ORMANCE IS BASED ON CLEAR WATER TESTING*

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4 THE CONTRACTOR IS RESPONSIBLE FOR PROTECTING THE PUMPS AGAINST DAMAGE DURING OPERATIONS. THE CONTRACTO R SHALL PROVIDE GAUGES. PRESSURE RELIEF VALVES, CHECK VALVES. AIR RELEASE VALVES. A~'O OTHER EQUIPMENT NECESSARY TO PROTECT THE PUMPS AND PIPING SYSTEM AGAINST DAMAGE DUE TO SURGE.

CAVITATION. BACKPRESSURE, OVERPRESSURE, VACUUM PRESSURE, DEBRIS, AND OTHER CONDITIONS THAT COULD CAUSE DAMAGE TO THE PUMPS OR THE PIPING SYSTEM.

5 VALVES SHALL BE CAPABLE OF WITHSTANDING THE MAXIMUM ANTICIPATED WORKING PRESSURES AND SURGE PRESSURES.

VALVES SHALL COMPLY WITH APPLICABLE ISO. AWWA. OR ASME STANDARDS.

6.

THE CONTRACTOR SHALL PROVIDE TURBIDITY CURTAINS AND SCREENS AS NECESSARY TO CONTROL DEBRIS AND VEGETATION AND PREVENT FOREIGN MATERIAL FROM ENTERING THE PUMP INTAKES.

PUMP SUBMinALS 1

SUBMIT PUMP DATA TO THE ENGINEER FOR APPROVAL

2.

SUBMIT VALVE DATA AND LOCATION PLAN TO THE ENGINEER FOR APPROVAL 3

SUBMIT PIPE ANALYSIS UPDATED WITH ALL VALVE LOCATIONS AND DETERMINE REQUIRED PUMP HEAD AND MAXIMUM DESIGN PRESSURE FOR PIPES 4

PUMP STARTUP ANO SHUTOOWN PLAN: SUBMIT A WRITTEN PLAN DESCRIBING THE PRECAUTIONS THE CONTRACTOR WILL TAKE DURING STARTUP. PIPE FILLING. CONTROLLED SHUTDOWN, AND (IF PRACTICAL) EMERGENCY SHUTDOWN TO PREVENT SURGE. VACUUM PRESSURE, AND TRAPPED AIR IN LINE.

OPERATIONS FPL OR FPL CONTRACTORS SHALL PROVIDE INSPECTORS AND OPERATORS 24 HOURS PER DAY TO MONITOR THE PUMPS PIPING SYSTEM, AND CONVEYANCE THROUGH THE CANAL INSPECTORS AND OPERATORS SHALL MONITOR THE PIPELINES, PUMPS. CANAL, AND ROADWAY CROSSING FOR EVENTS THAT COULD AFFECT PUMPING OPERATIONS OR CAUSE DAMAGE TO THE ENVIRONMENT OR PROPERTY THIS INCLUDES BUT IS NOT LIMITED TO: UNANTICIPATED PUMP SHUT -DOWNS, FUEL FILLING, FUEL LEAKS. PIPE LEAKING, PIPE BURST, SHORE EROSION, EXCESSIVE PIPE MOVEMENT, ETC.

2.

INSPECTORS AND OPERATORS SHALL BE EOUIPPED WITH RADIO/WIRELESS COMMUNICATION THE CONTRACTOR SHALL STATION AT LEAST ONE RADIO/WIRELESS EQUIPPED OPERATOR AT EACH SET OF PUMPS 24 HOURS PER DAY WHEN PUMPS ARE OPERATING TO EXECUTE AN EMERGENCY PUMP SHUT DOWN IF REQUIRED.

3 PUMPS SHALL BE STARTED UP AND SHUT DOWN AND OPERATED IN ACCORDANCE WITH THE FPL APPROVED AND OPERATION PLANS AND DAILY INSTRUCTION.

4 THE CONTRACTOR SHALL INSTALL AND MONITOR STAFF GAUGES AT ALL THREE CANAL LOCATIONS AS DIRECTED BY THE ENGINEER li,OOO gpm@JOI:

16000 7

INTAKE SYSTEM PUMP GODWIN

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21 OO<iqpm~.20 rl 22.500 gpm@ 15 It 20000 22000 Capacity (g.p m.)

I 26000 8

28000 4

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

BLDG. 300, SUITE 300 JACKSONVILLE, FLORIDA 32256 H

~========================~--

I:::;::IE PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW PROJECT NO C2014-066 rD--ATE~-+M=-

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600' GRAPHIC SCALE 22X34: 1" = 300' 11X17: 1" = 600' 8

FLORIDA POWER AND LIGHT TURKEY POINT 1,200' 8

AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 FPL TURKEY POINT COOLING CANAL FRESHWATER RECHARGE MIAMI*DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW.

DRAWING TITLE PROJECT OVERVIEW H

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AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 JACKSONVILLE. FLORIDA 32256 (904~731*7040 PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW.

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7 200 8

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. 8UT ARE BEING TRANSMITTED FOR AGENCY REVIEW.

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w TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVO.

BLDG. 300. SUITE ~0 JACKSONVILLE. FLORIDA 32256 (904 )-731* 7040 PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITTED FOR AGENCY REVIEW DRAWING TITLE DISCHARGE SYSTEM PUMP AND LEVEE CROSSING H

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~------------------~A C-7 SHEET 7

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H TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

BLDG. 300. SUITE ~0 JACKSONVILLE. FLORIDA 32256 (904~731-7040 NAL 0

ifJllR!l:EiV.PuiNT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS' THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW DISCHARGE SYSTEM PROFILES G

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':l AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

BLDG. J<JO. SUITE 300 MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMITIEO FOR AGENCY REVIEW.

DRAWING TITLE DISCHARGE SYSTEM PIPE CROSSING OVER INTERCEPTOR CANAL H

B r-------------------~ A C-9 SHEET 9

OF 12

H G

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{08-19-2014 @ 11:00 AM)

I PIPE BRIDGE & RAMP

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CLEAN SAND FILL LESS THAN 10% FINE MATERIAL PASSING THE 200 SIEVE AND LESS THAN 2% ORGANIC MATERIAL COMPACT TO 95"4 MAXIMUM DENSITY PER ASTM 1557 CLEAN SAND FILL LESS THAN,0%

fiNE MATERIAL PASSING THE 200 SIEVE AND LESS THAN 2% ORGANIC MATERIAL. COMPACT TO 95%

MAXIMUM DENSITY PER ASTM 1557 (3) RAMP WINGWALL SECTIONS (TYP. EACH SIDE)

GUARD RAIL (2 ) PIPE BRIDGE SECTIONS (TYP. EACH SIDE)WrTH 1" THICK STEEL PLATE PIPE BRIDGE & RAMP DETAIL PLAN VIEW (3) RAMP WINGWALL SECTIONS ITYP. EACH SIDE) 22x34,. - s*

10*

11X11 1" =10' GUARORAJL BOLT TO RAMP WINGWALL (2) PIPE BRIDGE SECTIONS (TYP EACH SIDE) WITH 1" THICK STEEL PLATE GUARDRAIL BOLT TO RAMP WINGWALL RAMP SLOPE 1:10 2

3 PIPE BRIDGE & RAMP DETAIL ELEVATION VIEW 22X34 1" = 10' 11X17 1" c 20' 4

10 5

20' 6

LIMEROCKPAD COMPACTED TO LEVEL GRADE 7

8 8

AYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD.

MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS. THESE DRAWINGS ARE NOT IN FINAl FORM. BUT ARE BEING TRANSMITTED fOR AGENCY REVIEW.

PIPE BRIDGE PLAN AND ELEVATION H

~------------------- A C-10 SHEET 10 OF 12

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3 4

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22X34 1". 4' 11X17 1"* 8' FOOT GUARD RAIL

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ORGANIC MATERIAL. COMPACT TO 95%

MAXIMUM DENSITY PER ASTM 1557

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RAMP WINGWALL LIME ROCK PAD; ROLLER COMPACTED TO LEVEL GRADE RAMP WINGWALL SECTION 22X34 1" = 4' 11X17 1"* 8' FOOT GUARD RAIL HP12X53 1" STEEL PLATE CONCRETE PIPE BRIDGE SECTION a*

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TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLDG. 300. SUITE 300 JACKSONVILLE, FLORIDA 32256 FPL POINT COOLING CANAL FRESHWATER RECHARGE MIAMI-DADE COUNTY, FLORIDA PRELIMINARY DRAWINGS: THESE DRAWINGS ARE NOT IN FINAL FORM, BUT ARE BEING TRANSMITIED FOR AGENCY REVIEW.

DETAILS H

F c

~------------------4 A C-11 SHEET 11 OF 12

H 2

EROSION CONTROL AND GRASSING/SODDING NOTES:

1.

THE CONTRACTOR SHALL IMPLEMENT AND MAINTAIN EROSION CONTROL MEASURES AS NECESSARY TO COMPLY WITH ALL FEDERAL. STATE. AND LOCAL REGULATIONS AND COMPLY WITH STATE WATER QUALITY CRITERIA FOR STORMWATER DISCHARGE. EROSION CONTROL MEASURES INCLUDE BUT ARE NOT LIMITED TO TURBIDITY SCREENS. MULCHING, HAY BALES.

AND SILT FENCE. IF A WATER QUALITY VIOLATION OCCURS, THE CONTRACTOR SHALL BE WHOLLY RESPONSIBLE FOR ALL DAMAGE AND ALL COSTS WHICH MAY RESULT INCLUDING LEGAL FEES, CONSTRUCTION COSTS. AND FINES.

DISTURBED AREAS SHALL BE MAINTAINED IN ACCORDANCE WITH CITY, COUNTY. STATE. AND FEDERAL REQUIREMENTS UNTIL A PERMANENT VEGETATIVE COVER IS ESTABLISHED.

3.

THE CONTRACTOR SHALL BE RESPONSIBlE FOR ESTABLISHING PERMANENT VEGETATION AT ALL DISTURBED AREAS PER DRAWINGS AND MEETING THE NPDES FINAL STABILIZATION G

REQUIREMENTS.

F E

D

4.

EROSION CONTROL MEASURES SHALL BE MAINTAINED FOR THE ENTIRE DURATION OF THE PROJECT OR UNTIL VEGETATION IS ESTABLISHED.

5.

EROSION CONTROL MEASURES SHALL BE PLACED TO CONTAIN ALL POINTS OF DISCHARGE TO SURFACE WATERS OR WETLANDS INCLUDING SURFACE RUNOFF, CURB INLETS, DITCH BOTIOM INLETS. DITCHES. AND DOWNSTREAM PORTIONS OF STREAMS. CANALS, AND TIDAL WATERS ADJACENT TO CONSTRUCTION.

6.

48 HOURS PRIOR TO COMMENCEMENT OF CONSTRUCTION, THE CONTRACTOR WILl SUBMIT A "NOTICE OF INTENT" TO THE EPA IN ACCORDANCE WITH NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM RULES AND REGULATIONS.

7.

THE CONTRACTOR SHALL WRAP STORM GRATES IN FILTER FABRIC TO PREVENT SEDIMENTATION OF THE STORM SEWER SYSTEM. CONTRACTOR SHALL MAINTAIN THE FILTER FABRIC UNTIL PROJECT COMPLETION.

THE SITE CONTRACTOR IS RESPONSIBLE FOR REMOVING THE TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES AFTER COMPLETION OF CONSTRUCTION AND ONLY WHEN AREAS HAVE BCEN STABILIZED

9.

SILT FENCES AND FILTER BARRIERS SHALL BE INSPECTED IMMEDIATELY AFTER EACH RAINFALL AND AT LEAST DAILY DURING PROLONGED RAINFALL ANY REQUIRED REPAIRS SHALLSE MADE IMMEDIATELY 2

3 1 SET POSTS AND EXCAVATE A lf'x4" TRENCH UPSLOPe AI.ONG TliE LIN£ OF POSTS J ATTACH1"HE FILTER FABRIC TO THE 'MRE FENCE AND EXTEND IT ~NTO THE TRENCH 4

EXTENSION OF F.ol.SRIC AND WIRE INTO THE fRENCH 5

6

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AND i.IGHTLY COMPACTED PlAN ANCHOR BALES WITH AlONG UPSTH.EAM EDGE OF BALES STAKE 2

s*;~~~~~~

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1'MlN RECOMMENDED ElEVA nON SPAONG BALE 8A~KIERS FOR P.I\\VED OtTCHES SHOUlD BE SPACED IN ACCORDANCE WiTH CHART I St£E11 OF 3, 1NO£X NO 102 OFF 0 0 T ROADWAY AND l"AAFFIC DESIGN STANDARDS 7

BINOINC WIRE OR.T"'r'INE FIL TEREO RUNOFF CROSS*SECTtON OF A PROPERLY INSTALLED STRAW BALE 8

ST AKEO AND ENTRENCHED STRAW BAlE COMPACTED S()(L TO PREVENT PIP! NO SEDIMENT LADEN RUNOFF BARRIER FOR PAVED DITCH STAKED HAY BALE SCAlE- ~.T.S SANOBAOS y

I LOOSE SOIL PLAC0 BY SHOVEL AMJ liGHTLY COMPACTED ALONG THE UPSTREAM EOCE OF BALES 1"MINIMUM r-RECOMMENDED PLAN SCALENTS LOOSE SOIL PLACED BY SHOVEL ANO LIGMTLY C0!>.1PACTEOAJ.ONC ThE UPSTREAM EDGE OF BALES 1'~1!NTMUM I RE.COM.\\1ENOED CONSTRUCTION DETAILS FOR SILT FENCES

~~~~

j, I 3

SCALE. ~ -T S POSTfOPliONS z-x**

OR 2.i$ l.iiN OIA 'WOOD" STEEL 1 33 LBS.iFT M:N )

6' MAX ELEVATION OPnONAL POST POSITIONS FILTER FABRIC (!N CONFORMANCE WI TH SEC 9B5FOOT SPEC)

'HYP )I--

A~ChOR LOWER BAlES WITH 2

• r X r X 4" STAKES PER ~E A.'-'CHOR TOP BALES TO LOWE~ BALES \\'VHli 2

• 2'" X z* X 4" STAKES PER BALE ANCHOR BALES W JTH 2. 2" X 2'" X A"STAKES PER BALE ElEVA nON El EVATION APPLICATlON Ar<<J SPACING OF TYPES I & II HAY BALE 8AHRIEI'IS SHEll BE IN ACCORDANCE \\IVtTH SHEET 1 OF J f DO T INDEX NO 102 TYPE II PRi t-JCIPLE POST I

POSITION (CANTED 2Q* TOWARD F LQI.'\\1)

POST (OP TIONS a* X 4" OR Y 20 f t.iiN OtA WOOD, STEEL 1 33 lBSfFT MIN I SECTION HAY BARRIERS TYPE I & II TYPE I SCALE. N.TS ElEVATf()N POUt.. TR'f MESH (2Q GA J.nN ) OR NP£ I< FENC£ FABRI.C (INOEX NO <~51 & SEC 965 FOOT S?EC \\

OPTIONAL POST POSinONS FILTER FABRIC (IN CONFORMANCE '/{)TH SEC 985F OOT SPEC \\

SECTION TYPE Ill SILT FENCE TYPE IV SILT FENCE TYPE Ill OR TYPE IV SILT FENCE TYPE Ill O R TYPE rv Sl. T FENCE PROTECTION AROUND DITCH BOTTOM INLETS SILT Fl OW SilT FLOW TYPE IV SILT FENCE TYPE Ill SILT FENCE O!TCM INSTAL.L.AnON AND SPACING FOR TYFE Ul & TYPE. IV FENCE TO BE IN ACCOROANCE\\VITH SHEET t OF 3 F 0 0 T INOEX NO 102 00 NOT DEPLOY IN A MANNER THAT SiLT FENCES WilL ACT A$ ADAM ACROSS PERMANENT FlO~V!NC WATERCOURSES SILT FENCES ARE 10 BE USEOAT UPLAND LOCATIONS AND TURBIOI'T"Y BARRIERS USE.OAT PERMANENT BODIES Of WillER SILT FENCE TYPE Ill & IV SCALE. t-oTS 4

5 6

7 8

TAYLOR ENGINEERING INC.

10151 DEERWOOD PARK BLVD BLOG. 300, SUITE 300 MIAMI-DADE COUNTY. FLORIDA PRELIMINARY DRAWINGS THESE DRAWINGS ARE NOT IN FINAL FORM. BUT ARE BEING TRANSMmED FOR AGENCY REVIEW.

H

~--------------------~ A C-12 SHEET 12 OF 12

Attachment D

PUMPING DESCRIPTION AND EXPECTED DISTRICT REQUIREMNTS

1. Bridge over pipes on levee concrete box culvert design with soil ramps. No modification to the dam will be required.

2. A pre-construction survey of the dam crest will be performed before bridge installation and dam crest will be restored to as good as or better condition when the bridge is removed.

3. Prior to commencement of construction within any south Florida water management district (the district) right of way (row), FPL shall contact the district's field representative Mike Worley at the homestead field station (954) 410-7383 to schedule a pre-construction meeting and final inspection.

4. FPL shall comply with the following row conditions:

A. All equipment shall be skid mounted or lie above ground and be capable of being removed from the district's row within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the district's request to do so.

B. The HDPE pipes buried under 344th Ave shall be blanked at the north end, but left in place, in the event of district notification to remove equipment.

C. The HDPE pipes between the L-31E canal and the south pumping station shall be blanked at the canal end, but left in place, in the event of district notification to remove equipment within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. These pipes shall be capable of being removed from the district's row within 30 days of the district's request to do so.

D. All district rows shall remain in a condition to allow access for district's normal and emergency use at all times.

5. FPL's monitoring and control plan for pumping operations shall comply with the following constraints:

A. The pumps at the L-31E withdrawal location north of 344th Ave (the north station) shall be manned continuously during pumping operations. The site will be guarded 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day/ seven days per week while the equipment other than the pipe is on SFWMD right of way.

B. The pumps at the southern withdrawal location (approximately one mile south of 344th Ave) shall be manned continuously.

C. Personnel at both pump locations will be provided contact information, means of communication, and training to utilize the Emergency Response Team for spill containment or security at the Turkey Point Facility.

D. The pumps at the southern withdrawal location shall be installed, manned and operated by trained personnel from the pump supplier.

E. Each day prior to 10am, the FPL operators shall contact the district's operation control center, via email, to determine the rate and volume of FPL withdrawals for the 24-hour period from 10am to 9:59am the following calendar day.

F. FPL shall monitor pump starts and pump stops at both pumping locations (north station and south station). FPL shall also monitor and data log flow rates of the L-31E water pumped at both locations.

G. FPL shall generate a weekly report, delivered via email by noon Tuesday, which reports the following to the district for the preceding week:

a. Id of pumps that ran

b. On and off times for each pump

c. Rpm setting, per pump, if variable

d. Calculated volume of water per pump

e. Logged flows at each pump station, from totalizing hour flow meters.

f. The official Tuesday reports shall be sent from matthew.raffenberg@fpl.com (or delegate) to both llindahl@sfwmd.gov and to tbates@sfwmd.gov (or their delegates).

H. FPL shall be capable of supplying the above data upon request at any time between Tuesday reports, within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> of the district's request.

I.

FPL shall be capable of terminating all pumping at any time, within 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> an emailed request from either district party identified in 5.F.f.

J.

Each pump shall be operated by trained pump operators which will be on site 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day during operation. Security will be provided 24/7 while equipment, other than the pipes, is in the SFWMD right of way. The pump operators will have wireless communication to provide immediate response if required and this shall be verified as operable prior to pumping.

K. FPL shall wirelessly coordinate the pumping at both stations to assure that:

a. From a non-flow condition, the north station pumps shall be started first.

b. From a flow condition, the south station pumps shall be stopped first.

c. South station pumps shall be started after 5 minutes or more of north station pumps' starts, with equivalent flow maintained at both stations during operation.

d. North station pumps shall be stopped after 5 minutes or more following south station pumps' stops.

e. FPL shall provide the pump curves used to determine discharge rates to the district, for each pump, prior to their operation.

f. FPL shall monitor the canal water level utilizing staff gauges to assure that under no conditions, the water level in the south end of the L-31E canal is lower than the point at which the pumps are first started. Control of the pump output to guarantee this will include shutting one or both south pumps down and/or throttling the pumps back to match flows.

L. FPL shall ensure that the totalizing hour flow meters used at each pump station are available for periodic district inspection and verification.

6. Spill prevention A. All equipment will be bermed in accordance with FPLs Hazardous Material Emergency Response Plan and Oil Spill Prevention, Control and Countermeasure (SPCC) Plan (Procedure No. 0-ADM-034).

B. All equipment, hoses, and tanks shall be designed for use on or near water. Condition checks of all fluid containing devices shall be monitored continuously as a part of the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> pump coverage.

C. Hydraulic hoses used on the pumps north of 344th Ave shall be installed according to manufactures recommendations. The hoses shall utilize the shortest path out of the water that is available to assure good visibility for monitoring. The hoses shall be secured in place to prevent over tensioning and allow for continuous inspection.

D. The hydraulic pumps north of 344th Ave will contain only biodegradable hydraulic oil designed for use over water.

E. All fuel tanks used for the southern pumps have built in secondary containment. All fuel lines will be provided with secondary containment.

F. The pumps north of 344th Ave. will be fueled twice per day or as needed. No additional fuel storage will be in the SFWMD right of way.

G. The pumps south of 344th Ave will be fueled through nurse tanks on shore as needed.

The transfer lines between the pump and the nurse tanks will not be charged when not in use.

H. Floating boom will be staged on site for immediate deployment if needed. Enough boom to cross the canal a minimum of two times will be provided. Pump operators will be provided emergency numbers to immediately dispatch a cleanup and boom crew from the turkey point facility.

I.

A fixed oil boom will be installed both north and south of the floating pumps in the southern reach.

J.

Oil absorbent booms and pads designed to clean up petroleum spills on water will be located on site. Pump operators will be trained in the use of these materials.

K. A detected leak of any petroleum products (fuel or hydraulic oil) will result in the immediate shutdown of the pumps at both ends. The pumps will not be restarted until all issues have been resolved and the equipment cleaned to allow for continuous monitoring. Restarting will be contingent on both approval by the FPL spill response team and the SFWMD representative.

Mr. Michael Kiley UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 July 23, 2014 Turkey Point Nuclear Plant Vice President Florida Power & Light Company 9760 SW 3441" St.

Florida City, FL 33035

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION (NOED) FOR FLORIDA POWER AND LIGHT COMPANY REGARDING TURKEY POINT NUCLEAR GENERATING STATION UNITS 3 AND 4 [NOED NO. 14-2-001]

Dear Mr. Kiley:

By letter dated July 21, 2014, you requested that the NRC exercise discretion to not enforce compliance with Technical Specification (TS) 3.7.4. Your letter documented information previously discussed with the NRC in a telephone conference on July 20, 2014. The principal NRC staff members who participated in that telephone conference are listed in the enclosure.

The NRC staff determined that the information in your Jetter requesting the NOED was consistent with your verbal request.

You stated that on July 20, 2014, at 2:54p.m. (all times reference Eastern Standard Time},

Units 3 and 4 entered TS 3.7.4 Required Action for ultimate heat sink (UHS) average supply water temperature exceeding 1 OO'F and if not restored, you would be required to place the units in Mode 3 within 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />, and in Mode 5 within 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br />. This would result in an unnecessary shutdown of Turkey Point Units 3 and 4 without a corresponding health and safety benefit during a period of high system load demand when the operation of the units is e~sential for grid voltage stability. You requested that a NOED be granted pursuant to the NRC's policy regarding exercise of discretion for an operating facility, set out in Section 3.8 of the NRC Enforcement Policy. The requested enforcement discretion would end after meeting one of the following conditions: (a) 10 days, or (b) the UHS temperature exceeds 103'F; or (c) the UHS peak temperature drops below 96'F for three consecutive days and is on a declining trend; or (d) receipt of approval of the requested license amendment; or (e) if the loss of Turkey Point Units 3 and 4 will not result in a North American Electric Reliability Corporation (NERC)

Emergency Alert Level (EEA) 3 alert. This letter documents the NRC's decision conveyed to you during the telephone conversation on July 20, 2014, at 6:00p.m., when the NRC verbally granted this NOED [equest. I understand that the condition causing the need for this NOED has not yet been corrected and that you will continue to monitor UHS conditions.

In June 2014, peak UHS temperatures approached the TS limit of 100'F. Your engineering and environmental analysis determined that the cooling canal system water was absorbing unusual amounts of solar energy due to a higher than normal' algae content. You stated that the algae concentration has recently been as high as 1.8 million cells per milliliter as compared to historic average values of 50,000 cells per milliliter. While immediate eradication of the algae was possible, the side effects on the canal ecosystem would be unacceptable.

M. Kiley 2

A controlled chemical treatment of the canal system was initiated and is continuing to gradually restore the normal algae content and improve heat transfer efficiency. This has reduced the algae concentration to 1.5 million cells per millimeter in the last two weeks. Additionally, the much lower than average annual rainfall and consequentially the very low canal water level has also tended to increase UHS temperature. You stated that you have performed multiple analyses that demonstrate the continued operability of Turkey Point Units 3 and 4 at cooling canal temperatures as high as 104*F. The component cooling water (CCW) heat exchanger performance monitoring program required by TS 3/4.7.2 (Surveillance Requirements 4.7.2.a and 4.7.2.b(2)) ensures that at all UHS temperatures at or below 104*F, the CCW heat exchangers are capable of removing more heat than is required by the safety analysis. It is noted that Florida Power and Light (FPL) requested amendments toTS 3/4.7.4 onjuly 10, 2014, to increase UHS average temperature limit to 104*F. On July 17, 2014, FPLrequeste.c;t that the amendment be approved on an emergency bas!s.

The NRC staff considered information obtained from the independent entity (Florida Reliability Coordinating Council) in determining if placing Turkey Point Units 3 and 4 in Mode 3 would challenge the ability to maintain an adequate voltage profile throughout the systern due to transmission constraints in specific areas and could result in adverse consequences to the health and safety of the public.

To evaluate this NOED request, NRC staff considered your following commitments: (1) to keep a third CCW heat exchanger in service which will only be removed from service for critical maintenance activities or as part of planned compensatory measures during night time hours; (2) the monthly CCW heat exchanger performance test required by TS SR 4.7.2.b(2) has been increased to weekly and will be performed at least twice weekly during the period of enforcement discretion; (3) the CCW heat exchanger cleaning frequency has been increased from one per unit bi-weekly to one per unit weekly with the time that the specified CCW heat exchanger will be out of service minimized; (4) to perform TS SR 4.7.2.a once_every hou~ during the period of enforcement discretion when the UHS temperature is greater than 99°F and will revert to once per shift when the UHS temperature is less than 98°F; (5) verification of UHS temperature will be performed at least once per bour when UHS temperature exceeds 100°F; (6) to perform Just in Time training via tabletop discussion of the "Restoration of Intake Cooling Water" and "Align Service Water to Charging Pumps" procedures; (7) switchyard work that would impact grid reliability will be restricted during the NOED period and grid conditions will be verified at least once every 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />; (8) performance of other surveillance requirements will be minimized to the extent possible without creating a situation of a missed surveillance, and elective maintenance activities that are classified as high risk due to generation threat will be minimized; (9) PRA risk for both Units 3 and 4 will be maintained GREEN during planned maintenance activities; and (1 0) to increase management oversight to resolve any issues in a timely manner. NRC staff also considered that your calculated Incremental Conditional Large Early Release Probability values for Units 3 and 4 did not exceed the threshold guidance provided in Inspection Manual Chapter 0410, "Notices of Enforcement Discretion" and were consistent with values calculated by NRC regional analysts. In addition, the conditions and actions noted above have been, and will be, subject to independent verification by NRC inspectors.

M. Kiley 3

On the basis of the NRC staff's evaluation of your request, I have concluded that granting this NOED is consistent with the Enforcement Policy and NRC staff guidance a~p has no adverse impact on public health and safety or the environment. This determination was qualitative and based upon balancing the effect on public health and safety of not operating, against the potential radiological or other hazards associated with continued operation (Inspection Manual Chapter 0410, Section 06.02.b, (i.e., natural event NOED)). Therefore, it is our intention to exercise discretion to not enforce compliance with TS LCO 3.7.4 from 6:00p.m., on July 20, 2014 until one of the previously mentioned end conditions is met. It is also noted that your emergent license amendment is being reviewed by NRC staff.

As stated in the Enforcement Policy, action will be taken, to the extent that violations were involved, for the root cause that led to the non-compliance for which this NOED was necessary.

Docket Nos.: 50-250, 50-251 License Nos.: DPR-31, DPR-41

Enclosure:

List of Participants cc: Distribution via Listserv Sincerely, IRA/

Victor M. McCree Regional Administrator

M. Kiley 3

On the basis of the NRC staffs evaluation of your request, I have concluded that granting this NOED is consistent with the Enforcement Policy and NRC staff guidance and has no adverse impact on public health and safety or the environment. This determination was qualitative and based upon balancing the effect on public health and safety of not operating, against the potential radiological or other hazards associated with continued operation (Inspection Manual Chapter 0410, Section 06.02.b, (i.e., natural event NOED)). Therefore, it is our intention to exercise discretion to not enforce compliance with TS LCO 3.7.4 from 6:00p.m., on July 20, 2014 until one of the previously mentioned end conditions is met. It is also noted that your emergent license amendment is being reviewed by NRC staff.

As stated in the Enforcement Policy, action will be taken, to the extent that violations were involved, for the root cause that led to the non-compliance for which this NOED was necessary.

Docket Nos.: 50-250,50-251 License Nos.: DPR-31, DPR-41

Enclosure:

List of Participants cc Distribution via Listserv Sincerely, IRA/

Victor M. McCree Regional Administrator X PUBLICLY AVAILABLE o NON-PUBLICLY AVAILABLE o SENSITIVE X NON-SENSITIVE I

LETIER.DOCX X SUNS! REVIEW COMPLETE

M. Kiley 4

Letter to Michael Kiley from Victor M. McCree dated July 23, 2014

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION (NOED) FOR FLORIDA POWER AND LIGHT COMPANY REGARDING TURKEY POINT NUCLEAR GENERATING STATION UNITS 3 AND 4 [NOED NO. 14-2-001]

DISTRIBUTION:

L. Douglas, Rll EICS OE Mail (email address if applicable)

RIDSNRRDIRS PUBLIC RidsNrrPMTurkeyPoint Resource

List of Participants NRC Region II Victor McCree, Regional Administrator Joel Munday, Director, Division of Reactor Projects (DRP)

Mark Lesser, Deputy Director, DRP Mark Bates, Acting Chief, Reactor Projects Branch (RPB) 3, DRP George McDonald, Senior Risk Analyst, DRP Timothy Hoeg, Turkey Point Senior Resident Inspector, DRP Matthew Endress, Turkey Point Resident Inspector, DRP NRC Headquarters Louise Lund, Director, Division of Operating Reactor Licensing (DORL), Office of Nuclear Reactor Regulation (NRR)

Ryan Lantz, Deputy Director, (DORL), NRR Lisa Regner, Chief, Plant Licensing Branch 11-2, DORL, NRR Jacob Zimmerman, Chief, Electrical Engineering Branch (EEEB), Division of Engineering (DE),

NRR Audrey Klett, Project Manager, Plant Licensing Branch 11-2, DORL, NRR Holly Cruz, Project Manager, Licensing Processes Branch (PLPB), Division of Policy and Rulemaking, NRR Timothy McGinty, Director, Division of Safety Systems (DSS), NRR Nathan Sanfilippo, Chief, Performance Assessment Branch, Division of Inspection and Regional Support (DIRS), NRR Robert Taylor, Deputy Director, DSS, NRR Greg Casto, Chief, Balance-of-Plant Branch (SBPB), DSS, NRR Robert Dennig, Chief, Containment and Ventilation Branch (SCVB), DSS, NRR Tony Zoulis, Risk Analyst, PRA Licensing Branch, Division of Risk Assessment, NRR Gerald Purciarello, Senior Reactor Systems Engineer, SBPB, DSS, NRR Ahsan Sallman, Senior Reactor Systems Engineer, SCVB, DSS, NRR Roy Mathew, Team Leader, EEEB, DE, NRR Gurcharan Matharu, Senior Electrical Engineer, EEEB, DE, NRR Enclosure

Right-of-Way Conditions FPL shall be bound by the following conditions:

1.

FPL shall install off-ramps from their ramp to the levee on the northwest and southwest corners to provide access to the District's right of way for emergency construction, operation and maintenance activities. FPL shall anchor the floating pumps depicted in Exhibit D by cables to the canal banks to keep the pumps from moving.

2.

FPL shall be responsible for the routine levee maintenance, such as, but not limited to, mowing of the overbank and side slopes.

3.

FPL shall be responsible for the removal of all materials and debris from the District's canal and right of way, and, for the repair, replacement and restoration of any sections of the District's right of way damaged or disturbed resulting from the authorized activity.

Restoration shall be to the satisfaction of the District and may include placement of filter fabric cloth, rip-rap and/or grading/re-shaping, seeding, re-sodding with Bahia, Argentine or other species recognized by the District as drought tolerant species.

4.

Should the authorized activities or placement of the authorized facilities within the District's right of way attribute to shoaling, erosion or wash-outs of the District's right of way, berm or side slope of the canal, FPL is responsible and expense to, upon notification from the District, immediately take appropriate steps to restore the right of way to the satisfaction of the District.

5.

All structures on District works or lands constructed by FPL shall remain FPL's property, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure.

6.

FPL solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and EXHIBIT E

continued maintenance of the authorized facilities/authorized use. This duty shall include, but not be limited to, FPL's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works.

FPL acknowledges that the District's review and issuance of this Order, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the authorized facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections.

FPL further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative, including, any field inspections, shall not in any way be relied upon by FPL as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by FPL in order to meet FPL's duty to incorporate safety features, as set forth above.

7.

FPL agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the Order or removal of the authorized use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.

8.

FPL bears all risk of loss as to monies expended in furtherance of this Order.

9.

This Order does not convey any property rights nor any rights or privileges other than those specified herein and this Order shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the authorized use only to the extent of its interest in the works of the District. FPL shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the Order. FPL shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been

obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee.

10.

Unless specifically prohibited or limited by statute, FPL agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private attorneys' fees/rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the authorized use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of FPL, it's employees, agents, representatives, contractors and subcontractors, District or of third parties. FPL agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.

11.

The District does not waive sovereign immunity in any respect.

12.

FPL shall not engage in any activity regarding the authorized use which interferes with the construction, alteration, maintenance or operation of the works of the District, including:

a.

discharge of debris or aquatic weeds into the works of the District;

b.

causing erosion or shoaling within the works of the District;

c.

planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the Order.

FPL shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above;

d.

leaving construction or other debris on the District's right of way or waterway;

e.

damaging District berms and levees;

f.

the removal of District owned spoil material;

g.

removal of or damage to District locks, gates, and fencing; or,

h.

opening of District rights of way to unauthorized vehicular access.

13.

The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life.

14.

FPL shall allow the District to inspect the authorized use at any reasonable time.

15.

FPL shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the authorized facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over FPL's use.

16.

FPL shall not interfere with any other existing or future permitted uses or facilities authorized by the District.

17.

The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the District or the U. S. Army Corps of Engineers for the works of the District.

18.

FPL shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility.

19.

It is FPL's responsibility to make prospective bidders aware of the terms and conditions of this Order. It shall be the responsibility of FPL's contractors to understand the terms and conditions of this Order and govern themselves accordingly.

20.

It is FPL's responsibility to bring to the attention of the District any conflict in the Order so that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final.

EXHIBIT F NOTICE OF RIGHTS Pursuant to Section 120.569(2)(n), Florida Statutes, any party adversely affected by this Order has the right to seek an injunction of this Order in circuit court or judicial review of it under Section 120.68, Florida Statutes. Judicial review must be sought by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the District, 3301 Gun Club Road, West Palm Beach, FL 33406 and by filing a copy of the notice of appeal, accompanied by the applicable filing fees with the appropriate district court of appeal. This notice of appeal must be filed within thirty (30) days after this Order is filed with the Clerk of the District.

Pursuant to Section 373.119(3), Florida Statutes, any person to whom an emergency order is directed pursuant to subsection 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

Pursuant to Section 373.114, Florida Statutes, review of this Order by the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission may be sought in accordance with the procedures stated in Section 373.114, Florida Statutes, and Chapter 42-2, Florida Administrative Code.

DISTRICT FILING INSTRUCTIONS Filings with the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted after October 1, 2014. Documents are deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.

Filings by hand-delivery must be delivered to the Office of the District Clerk.

Delivery of a document to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the document.

Filings by e-mail must be transmitted to the District Clerks Office at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.